STUDENT FREE SPEECH TAKES HIT IN BONG CASE

It was not a banner day for the free speech rights of
students.

The U.S. Supreme Court ruled on Monday that a high school principal in
Juneau, Alaska, did not violate the free speech rights of a student
when she suspended him for unfurling a 14-foot banner that read "Bong
Hits 4 Jesus" as the Olympic torch parade passed by the school on its
way to the 2002 Winter Games in Salt Lake City.

Whenever the nation's highest court hears a case that could ultimately
restrict free speech, the nation should cross its fingers.

Unfortunately, on the same day that it eased restrictions on free
speech in political ads, the Supreme Court may have turned back the
clock on student speech in public schools.

This decision gives school officials broader authority to restrict
student expression, and contradicts the landmark 1969 Tinker v. Des
Moines ruling that recognized students have a constitutional right to
express their opinions, even if the opinions are widely unpopular. In
that case, the nation's highest court overturned the suspensions of
two students who had worn black armbands to protest the Vietnam War.
The court said then that students do not "shed their constitutional
rights to freedom of speech or expression at the schoolhouse gate."

Joseph Frederick was on a public sidewalk, across the street from
Juneau-Douglas High School, when he unfurled his banner, "Bong Hits 4
Jesus." He insisted the banner was a stunt to get on television, but
his principal, Deborah Morse, decided that the message promoted the
use of illegal drugs.

Frederick was not in a classroom when he unfurled his banner; he was
not even on school property. It is a 14-foot stretch to say he was on
a class trip. And, as Justice John Paul Stevens noted in his dissent,
alcohol also poses a danger to students. Would the Supreme Court
punish Frederick if he had unfurled a banner that read "Wine Sips 4
Jesus"?

This was a story about a principal who lost her cool and a high school
senior who pulled a stupid stunt to get attention - and possibly to
get his principal's goat. What a shame it came to this.

If this case sets precedent, we're pulling out our black armbands.