HIGH COURT FINDS BALANCE BETWEEN RIGHTS OF STUDENTS AND AUTHORITY OF PRINCIPALS

School officials must have authority to run a school as they see fit.
But that power is not, nor should it be, unfettered.

When the U.S. Supreme Court ruled this week against a high school
student who claimed his free speech rights were infringed, it did so
narrowly - and wisely.

The free speech rights of students have ultimately been
preserved.

The high court overturned in a 5-4 decision a ruling by the San
Francisco-based 9th Circuit Court of Appeals that held student Joseph
Frederick had the right to hold a banner that read "Bong Hits 4 Jesus"
on a public street outside of the high school he attends. Frederick
pulled the silly stunt for the benefit of the TV crews filming the
Olympic torch going through Juneau, Alaska.

School officials argued that watching the Olympic torch go by was a
school activity and therefore under school control.

The Supreme Court sided with the principal. It ruled principals can
punish students for holding up signs that favor the use of illegal
drugs.

But - and this is an important point - the justices added that they
would have come to a different conclusion had the banner carried a
political or social message.

"School principals have a difficult job and a vitally important one,"
Chief Justice John G. Roberts Jr. wrote for the majority. "When
Frederick suddenly and unexpectedly unfurled his banner, (Principal
Deborah) Morse had to decide to act - or not act - on the spot.

"It was reasonable for her to conclude the banner promoted illegal
drug use - in violation of established school policy - and that
failing to act would send a powerful message to the students in her
charge. ... The First Amendment does not require schools to tolerate
at school events student expression that contributes to those dangers."

Fair enough if - and only if - it is made clear that students do
retain some free speech rights even while at school or while being
supervised by school officials off campus. Justices Samuel Alito and
Anthony Kennedy said they would not go along with the majority if it
endorsed political and social censorship.

School authorities should not have "a license to suppress speech on
political or social issues based on disagreement with the viewpoint
expressed," Alito wrote.

We agree.

School officials must have authority to run a school as they see fit.
But that power is not, nor should it be, unfettered. The court's
narrow ruling provides the proper protections of students' rights.