COURT SMOKES STUDENTS' FREE SPEECH

Bong hits for peace. Bong hits for black squirrels. Bong hits for
Bono.

But for the love of all things good and constitutional in this
country, just don't promote marijuana in the Lord's name.

That's the court opinion handed down last week from Morse v.
Frederick, the Supreme Court case more commonly known as the "Bong
Hits 4 Jesus" case.

In January 2002, the Olympic Torch Relay passed through Juneau,
Alaska, and its Juneau-Douglas High School. Students and teachers
stood outside the school to watch. During the event, a group of
students standing across the street unfurled a 14-foot banner that
read, "BONG HITS 4 JESUS." Principal Deborah Morse demanded the banner
be removed, citing the school's no-tolerance policy for materials
encouraging the use of illegal drugs.

One student, then senior Joseph Frederick, refused. Morse suspended
him for ten days. Frederick appealed his suspension to the school
board, but it was upheld and reduced to eight days. Frederick appealed
his suspension to the District Court, which ruled in the school's favor.

The Ninth Circuit Court reversed the ruling, citing a violation of
Frederick's First Amendment rights. The Supreme Court heard the case
on two questions: "whether Frederick had a First Amendment right to
wield his banner, and, if so, whether the right was so clearly
established that the principal may be held liable for damages."

Six justices ruled in favor of the suspension, and three filed
dissenting opinions. "Because schools may take steps to safeguard
those entrusted to their care from speech that can reasonably be
regarded as encouraging illegal drug use, the school officials did not
violate the First Amendment by confiscating the pro-drug banner and
suspending Frederick."

What a load of bull.

Two major court cases set precedent for the Supreme Court's ruling in
this case: Tinker v. DesMoines established that, unless it will
disrupt the learning enviroment, student expression cannot be
suppressed. And Fraser v. Bethel states that constitutional rights of
students in public schools are not the same as rights of adults in a
public context outside the school.

Schools must protect the students they educate, but the banner was
merely a silly prank. (Frederick himself admitted it was only to gain
the attention of media crews.)

Alas, there was no mass bong in Juneau that afternoon.

There is a laundry list of more prosecutable senior pranks in which
students went practically unpunished. It was a waste of time and money
for the Supreme Court to hear this case, and all we have to show for
it is a caveat to the pre-existing precedence on free speech and
student expression. More red tape. More bureaucracy.

And to that, I say bong the hell out of whatever you
please.