'BONG HITS' GOES TO COURT

The Supreme Court recently heard the case Morse v. Frederick, more
commonly known as the "Bong Hits 4 Jesus" case, concerning former
Juneau-Douglas High School student Joseph Frederick. Frederick held a
14 foot sign that read "Bong Hits 4 Jesus" across the street from the
school as the 2002 Olympic was passing by. The principal of the
school, Deborah Morse, immediately seized the sign and went on to
punish Frederick with a 10-day suspension. Though the incident
happened off school property, Morse believed the banner was
disruptive, religiously offensive and went directly against the
school's anti-drug mission by promoting marijuana.

In response to the suspension, Frederick filed a suit against Morse
and the school board, in the U.S. District Court of Alaska, claiming
his constitutional right to free speech was violated.

The court ruled in favor of Morse, but the Ninth Circuit reversed the
decision and gave the case to Frederick. Rather than accept defeat,
Morse and the school board, who were represented by Kenneth Starr,
decided to take the case to the Supreme Court.

All over the country, school administrators have banned clothes
supporting the likes of drugs, sex, alcohol and gangs.

Many schools also limit the language students may use in schools, or
require approval of fliers before students pass them out or post them
around school grounds.

Schools have the right to limit students on the message they choose to
project.

In the case Tinker vs. Des Moines Independent School District, the
Supreme Court ruled that school officials violated the First Amendment
right of free speech of three students who, protesting the Vietnam
War, wore black armbands to school. It was during this case that the
Supreme Court established a standard for student expression, which
states that school officials can only censor student expression if
they can reasonably forecast that it will cause a substantial
disruption of school activities or invade the rights of others.

It may have been within the rights of the school to punish Frederick
for the message if the event was disruptive and offensive to others,
or even if it was on campus, but sadly for them, it was not.

Because the event was held across the street from the campus and was
not a school-sponsored event, Frederick was well within his right to
display his "Bong Hits 4 Jesus" banner.

Even if the event somehow took place on campus, the only leg the
administration would have to stand on would be that the message was
pro-marijuana in nature.

The banner was not a direct promotion for drug use meant to offend any
religious group, or anyone else for that matter, nor did it cause a
large disturbance. It is ridiculous to speculate the message Frederick
was trying to get across with the obscure phrase presented by his banner.

Frederick wanted attention from the cameras and has been noted in
saying that he created the display primarily to upset and annoy his
principal. Well, Frederick fulfilled his goal and then some.

No matter which side is successful, what should come of this case is a
clearer definition of what schools may deem as disruptive.
Administrators should not be allowed to discipline a student for
expressing something they may not necessarily agree with. Schools
should be made to create clearer guidelines for what they will or will
not tolerate so situations such as these do not turn back up in the
Supreme Court.