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Supreme Court Agrees to Take 'Bong Hits 4 Jesus'
December 7, 2006

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News Summary

The U.S. Supreme Court agreed to review a free-speech case where a school principal tore down a student-made banner reading "Bong Hits 4 Jesus" school-sanctioned* event, the Los Angeles Times reported Dec. 2.

Student Joseph Frederick, who created the banner and unfurled it as the 2002 Winter Olympic torch relay passed by his Alaska school in 2002, was suspended for 10 days; he appealed the decision to the courts, and won a case before the U.S. 9th Circuit Court of Appeals in San Francisco in March. The appeals court ruled that school officials cannot censor or punish students just because they object to the message being sent.

Lawyers for the school district appealed to the Supreme Court, saying the appeals court decision would create "a dangerous precedent [that] is deeply alarming to school administrators across the country," allowing them to be sued personally if they ban pro-drug messages at school events.

The high court could hear arguments in the case in February. Previous court decisions have held that school officials have broad powers to control speech and conduct in schools, such as censoring a student newspaper article on teen pregnancy.

The 9th Circuit said that while school officials could suppress speech in order to maintain order and provide education, as well as statements that are vulgar or plainly offensive, they noted that school officials in the Frederick case "concede that they acted to punish speech inconsistent with the school's mission … of discouraging drug use, not to avoid potential harm." 

* Correction, December 11, 2006
As originally published on December 7, 2006, this summary incorrectly characterized the event as school-sponsored. The event was school-sanctioned in that students were permitted to leave class to attend, but it occurred off school grounds.

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