Pubdate: Fri, 06 Apr 2007
Source: Times Argus (Barre, VT)
Copyright: 2007 Times Argus
Contact:  http://www.timesargus.com/
Details: http://www.mapinc.org/media/893
Author: Peter Berger
Note: Peter Berger teaches English at Weathersfield Middle  School
Bookmark: http://www.mapinc.org/topics/Bong+Hits+4+Jesus
(Bong Hits 4 Jesus)

A SCHOOL EDUCATOR OFFERS THOUGHTS ON THE MEANING OF FREE SPEECH

Every year as I teach history, I want my students to  know and value
the rights they've inherited as  citizens. Prominent among those
rights is the freedom  of speech, a freedom I'm exercising right now.
I agree  with Mr. Madison, the first amendment's author, that  free
speech is "one of the great bulwarks of liberty."

We examine what the amendment says, which is simply  that the
government "shall make no law abridging the  freedom of speech." Then
we discuss what Mr. Madison  and his fellow framers intended those
words to mean.  Their intent is essential because according to Mr. 
Madison, if you "separate text from historical  background...you will
have perverted and subverted the  Constitution."

It isn't hard to determine what the framers were  thinking about.
They'd just fought a war against a  government that had forcibly
denied them the right to  criticize it, ignored their petitions for
change, and  frequently punished the critics and petitioners. Their 
amendment was talking about a citizen's right to speak  his opinions
about public issues without fear of a  magistrate or bayonet.

Had you asked Mr. Madison what his amendment had to say  about
pornography, making trousers out of the flag, and  other equally
weighty modern first amendment issues, I  suspect he would've been
mystified by your question.

When he described free speech as "the only effectual  guardian of
every other right," he wasn't talking about  idle chatter. He meant
"the right of freely examining  public characters and measures,"
exchanging "knowledge  of the comparative merits and demerits of the 
candidates for public trust," and the "equal freedom"  of "examining
and discussing these merits and  demerits." Freedom of speech for
Jefferson involved the  "spread of information." George Washington had
in mind  discussing issues "which may involve the most serious  and
alarming consequences that can invite the  consideration of mankind."

I doubt they would've included "Bong hits for Jesus"  among those
serious and consequential issues. That's  the free speech lawsuit
currently before our Supreme  Court. Back in 2002 a high school senior
named  Frederick stayed home from school one morning. That  afternoon
students assembled outside, complete with  band and cheerleaders, to
witness the passing of the  Olympic torch down the street in front of
the school.  Mr. Frederick showed up for the event, during which he 
unfurled a sizable banner labeled in duct tape that  read "Bong hits
for Jesus." The principal viewed the  banner as a violation of the
school's  federally-mandated anti-drug policy. When Mr. Frederick 
refused to lower it, she removed the sign and suspended  him.

This being modern America, he promptly sued for  monetary damages. The
first court found for the school,  the second for Mr. Frederick, and
the case recently  landed in front of our nine Supreme Court justices.

The court has ruled in the past that students "don't  shed their
Constitutional rights at the schoolhouse  door." The court has also
allowed that a school can  forbid speech which is "inconsistent with
its basic  educational" mission or which "materially and 
substantially disrupt[s] the work and discipline of the  school." The
principal maintains that the sign violated  the school's anti-drug
policy, that students were  outside for a school activity, and that
she, therefore,  had the authority and obligation to remove the banner.

Mr. Frederick contends that he wasn't technically on  school property,
and that his banner was "certainly not  intended as a drug or
religious message," a dubious  assertion since a bong is a device for
smoking  marijuana. He claims the sign's words were "lacking in  any
particular meaning other than to provoke."

In short, the school says the case is about drugs. Mr.  Frederick says
it's about his "inalienable right of  free speech." I think they're
both wrong. This case  revolves around whether being a jerk is covered
by the  first amendment.

I'm not saying this because I disagree with Mr.  Frederick. Lots of
disagreeable statements are covered  by the first amendment. I'm
saying this, in part,  because Mr. Frederick's words, by his own
description,  aren't speech, which by definition and precedent has to 
have meaning. You can't simultaneously maintain that  you're innocent
of violating drug rules because your  statement has no meaning,
meaning it isn't speech,  while you also argue that your meaningless
statement is  protected speech.

More to the point, we can't afford to confuse an  informative
statement of deeply held convictions,  whether spoken by adults or
students, with the actions  of a self-absorbed adolescent whose
admitted sole  purpose was to provoke his school's principal and get 
his banner on television. Nobody's talking about  locking Mr.
Frederick up or suing him for damages. But  if he doesn't choose to
live within his school's rules,  he's perfectly free to stay home. If
we don't equip  principals and teachers with the power to control 
student behavior, especially intentionally obnoxious  behavior, then
we have no right to expect our schools  to be places where our
children are safe and their  educations undisrupted.

Mr. Frederick isn't the only one with rights. And in  this case, his
don't come first.

- - Peter Berger teaches English at Weathersfield Middle  School. Poor
Elijah would be pleased to answer letters  addressed in care of the
editor.
- ---
MAP posted-by: Larry Seguin