[lbo-talk] John Roberts doesn't like Bong Hits 4 Jesus

Mr. WD mister.wd at gmail.com
Mon Jun 25 08:41:54 PDT 2007


[The opinion is here: http://www.supremecourtus.gov/opinions/06pdf/06-278.pdf I have only scanned it. The only good news I can discern is that the Court seems to make clear that the school had the power to suspend the kid because 1) it was at a "school event" and 2) the message was "promoting illegal drug use." So arguably the decision is very narrow, but you can count on this being used to crack down on kids who express political opinions at times and places far removed from school -- especially in less enlightened regions of the U.S.]

Supreme Court Limits Students' Speech Rights

By THE ASSOCIATED PRESS Published: June 25, 2007

Filed at 10:49 a.m. ET

WASHINGTON (AP) -- The Supreme Court tightened limits on student speech Monday, ruling against a high school student and his 14-foot-long ''Bong Hits 4 Jesus'' banner.

Schools may prohibit student expression that can be interpreted as advocating drug use, Chief Justice John Roberts wrote for the court in a 5-4 ruling.

Joseph Frederick unfurled his homemade sign on a winter morning in 2002, as the Olympic torch made its way through Juneau, Alaska, en route to the Winter Olympics in Salt Lake City.

Frederick said the banner was a nonsensical message that he first saw on a snowboard. He intended the banner to proclaim his right to say anything at all.

His principal, Deborah Morse, said the phrase was a pro-drug message that had no place at a school-sanctioned event. Frederick denied that he was advocating for drug use.

''The message on Frederick's banner is cryptic,'' Roberts said. ''But Principal Morse thought the banner would be interpreted by those viewing it as promoting illegal drug use, and that interpretation is plainly a reasonable one.''

Morse suspended the student, prompting a federal civil rights lawsuit.

Students in public schools don't have the same rights as adults, but neither do they leave their constitutional protections at the schoolhouse gate, as the court said in a landmark speech-rights ruling from Vietnam era.

The court has limited what students can do in subsequent cases, saying they may not be disruptive or lewd or interfere with a school's basic educational mission.

This is a breaking news update. Check back soon for further information. AP's earlier story is below.



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