DUBIOUS RULING

Supreme Court Stretches Curbs On Free Speech

Based on a dubious interpretation of the facts of the case, the U.S.
Supreme Court has issued a badly misguided ruling in Morse v.
Frederick, dealing a blow to free speech rights.

The trouble began when Joseph Frederick, a Juneau, Alaska, high
school student, unfurled a banner carrying the slogan "BONG HITS 4
JESUS" at a parade held Jan. 24, 2000, when the Olympic torch passed
through on its way to the Olympic Games. His principal, standing on
the steps of the high school, ran across the street and grabbed the
banner. The student later was suspended from school.

The school's action, struck down by the 9th Circuit federal court of
appeals, was upheld by the Supreme Court in this week's 5-4 decision.

The courts consistently, and properly, have ruled that schools have
the authority to limit disruptive, threatening and obscene speech.
Had the incident occurred within school, the apparent advocacy of
illegal drug use on the banner would have been a clear violation of the rules.

However, school had been dismissed so that students could watch the
parade. Contrary to school officials' contention that the dismissal
constituted "a class trip," the students were not organized in one
place and were not being supervised by teachers. The student was not
on school property when the parade took place, and had not been on
school property that day.

It is a long stretch to conclude that the principal acted within the
school's legitimate authority. Indeed, all of the precedents cited by
Chief Justice John G. Roberts Jr. involved student speech while in
school, where school officials clearly do have jurisdiction.

Justice John Paul Stevens, who wrote the dissenting opinion, said the
court's "indefensible" opinion "does serious violence to the First
Amendment." Given the unusual circumstances of the case, the ruling
actually may have rather limited impact.

Nonetheless, judicial historians are likely to judge this dubious
curb on free speech to have been a low point in the Roberts court.