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