SCHOOL WILL APPEAL DRUG-BANNER RULING

'Bong Hits 4 Jesus': Supreme Court Will Be Asked To Hear Student Case

JUNEAU -- Despite some opposition from the public, the School Board
intends to appeal a court decision it lost after punishing a student
for displaying a banner off school grounds referring to Jesus smoking
marijuana.

The board last week announced that former Whitewater special
prosecutor Kenneth Starr would help appeal the case to the U.S.
Supreme Court. The issue is whether the school can discipline a
now-former high school student who held banner reading "Bong Hits 4
Jesus" during the 2002 Winter Olympic Torch relay through Juneau.

An April decision by the 9th U.S. Circuit Court of Appeals said
school officials violated Joseph Fredrick's free speech rights when
they suspended him for 10 days. Frederick was a senior at the time of
the incident. The court also noted that Fredrick's off-campus message
did not disrupt school functions and was not part of an official
school activity.

Board members said the decision has left school officials at a loss
when trying to enforce policies against illegal drug use.

The board met in executive session Tuesday over the appeal, but heard
from about six people before the private session started.

"The reason I came out today is because the School Board's refusal to
acknowledge that students have free speech rights is disgraceful,"
said Paul Grant, a Juneau lawyer who was one of four people asking
the board to drop the appeal process. Grant said the School Board's
message was disingenuous and politically motivated, and that the
board needed to be called out on the matter. "Aside from being
anti-American and anti-First Amendment, it's not effective," he said.
"If they want an effective anti-drug message, then they need to have
an effective anti-drug message."

Two speakers encouraged the board to pursue a Supreme Court hearing
to clarify administrators' rights.

There is no guarantee that the nation's high court will hear the case.

Carl Rose, executive director of the Association of Alaska School
Boards, said the ruling in Frederick's favor has left administrators
across the country on a slippery slope. He said administrators could
be subject to termination for not enforcing district policy, or if
they do enforce policy, they could be sued.

"It is unclear now what the authority of a principal is in the eyes
of the courts," he said.

Board president Phyllis Carlson said in a prepared statement after
the executive session that the board would continue to pursue the
matter with the assistance of Starr and the law firm of Kirkland Ellis.

"The board believes it is important to take this action because we
need clarification on when our administrators are at risk of
liability for damages for enforcing our policies and the
circumstances in which we can enforce our policies restricting
pro-drug messages," Carlson's statement said.