BONG HITS FOR JESUS CASE

Case Important Step For Students' Rights

A practical joke by one student in Alaska could forever affect the
way public schools are allowed to suppress students' freedom of speech.

Last week the U.S. Supreme Court heard the case Morse v. Frederick, a
student free speech case, where then 18-year-old Joseph Frederick was
suspended by his high school principal for unfurling a 14-foot banner
displaying the words "Bong hits 4 Jesus" during an out-of-school
function.

This case could have a huge impact on our nation's public school
system for a few reasons. According to CNN.com, at issue is "whether
Frederick's free-speech rights were violated and the discretion
schools should be allowed to limit messages that appear to advocate
illegal drug use."

There are a few things the Supreme Court should consider when making
a decision about this case. First, according to Law.com, the students
were released early from school to watch the Olympic torch relay
through their town, Juneau, Alaska. Therefore, it is questionable
whether these students were participating in a school event.

Second, also according to Law.com, Frederick had not attended school
that day in the first place. So even if the court finds that the
students were participating in a school event by attending the
Olympic torch relay, Frederick was absent from school that day.
Technically then, was he a student? Or was he just an 18-year-old
kid hanging out on a sidewalk making a statement as the torch passed?

This incident didn't happen on school ground, and it is questionable,
at best, whether Frederick was actually a student that day.

One also needs to question the motives of the principal that day.
Principal Deborah Morse knew the event would be heavily televised, at
least in that area of the country, and knew the school would look
like a joke in the eyes of the public because of Frederick's actions.
She was simply trying to make a statement by suspending Frederick
for 10 days. The problem is that she didn't stop to think the
situation through and consider Frederick's rights.

The district court in Alaska found that Morse did not violate
Frederick's First Amendment rights, but, under appeal from Frederick,
the 9th circuit court unanimously overturned the district courts
decision, and for good reason. The 9th circuit court cited Tinker v.
Des Moines Independent Community School District, where the Supreme
Court upheld a students' rights to wear anti-war armbands because the
armbands did not disrupt the school's educational function.

The most important thing is whether the school's education system was
being disrupted.

Frederick's banner was not disrupting the school's educational
function. The students had already been let out to watch the relay,
and class wasn't in session. The 9th circuit's decision should be
upheld if the Supreme Court really wants to protect the rights of
public school students across the country.