Pubdate: Thu, 29 Mar 2007
Source: Daily Collegian (PA Edu)
Copyright: 2007 Collegian Inc.
Contact:  http://www.collegian.psu.edu/
Details: http://www.mapinc.org/media/543
Bookmark: http://www.mapinc.org/topics/Bong+Hits+4+Jesus (Bong Hits 4 Jesus)

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.
- ---
MAP posted-by: Derek