'BONG HITS' NOT ALLOWED IN HIGH SCHOOL

5-4 Decision Imposes Limits On Freedom Of Speech

The latest chapter in the saga of how far the protections of the
First Amendment reach in public schools was written Monday.

The Supreme Court voted 5-4 in favor of the Juneau, Alaska,
high-school principal who suspended a student in 2002 for displaying
a banner which read "Bong hits 4 Jesus" at an Olympic Torch parade.

Chief Justice John G. Roberts Jr. cited the danger of promoting
dangerous activities such as drug use and said the school was
justified in its actions.

"The First Amendment does not require schools to tolerate at school
events student expression that contributes to those dangers," Roberts said.

The Supreme Court's decision in Morse v. Frederick drew criticism
from groups such as the American Civil Liberties Union, as well as
reactions from those on campus.

"To me the bottom line is that the Supreme Court has shown an
increased willingness to grant schools greater power to restrict
student expression in order to maintain school operations," said Ruth
Walden, associate dean for graduate studies at the University's
School of Journalism and Mass Communication.

"And it's not terribly surprising to see the entire society crack
down on and give school administrators greater power to control students."

Walden said she sees the reference made to drug use as a cover for
other motives and said the public has been willing to accept
restrictions on civil rights in order to be more secure.

Justices Samuel Alito and Anthony Kennedy wrote that the court's
decision was targeted at only restricting speech in public schools
when it promoted the use of illegal drugs.

Walden said the country is experiencing "an increasingly conservative
federal judiciary that is less concerned with protecting civil rights
than it is with maintaining order."

Walden also said University students had little chance of being
restricted as a result of the ruling. She said the Supreme Court has
always distinguished between high schools and colleges.

For those in high school however, the words of Justice Clarence
Thomas are very significant.

"In light of the history of American public education, it cannot be
seriously suggested that the First Amendment 'freedom of speech'
encompasses a student's right to speak in public schools," Thomas said.

Justice John Paul Stevens wrote for the dissenting justices, which
included himself along with Ruth Bader Ginsburg, David H. Souter, and
Stephen G. Breyer.

"Carving out pro-drug speech for uniquely harsh treatment finds no
support in our case law and is inimical to the values protected by
the First Amendment," Stevens said in the dissenting opinion.

Monday's ruling seemed to lack some of the fallout generated by earlier cases.

Brooke Bitler, a communications major at UNC, said she prefers to
research a subject before claiming an opinion on it.

"I can see both peoples' point of view on this issue," Bitler said.
"I think it's very situational."

She said that if someone's speech harms or threatens others, then it
could be restricted, but added that while the "Bong Hits 4 Jesus"
banner could be considered offensive, it wasn't dangerous.

"You're entitled to your opinion," Bitler said. "I don't think it
should be like 'my way or the highway.'"

Thang Tranh, a UNC student who recently completed his Ph.D. training,
said free speech is like art.

"(It's) freedom of expressing yourself," Tranh said. "Restrict your
feelings, and you're not yourself."