Supreme Court Hears 'Bong Hits' Case March 21, 2007
News Summary
School officials and free-speech advocates squared off in the Supreme Court this week over a case involving a student who was punished for unveiling a "Bong Hits 4 Jesus" banner at a school-sanctioned event, USA Today reported March 20.
Lawyers for an Alaska school district argued that the banner raised by student Joseph Frederick in 2002 undermined school policies against drug use, while Frederick's lawyers said the principal of the Juneau school violated the student's free-speech rights by tearing down the banner -- unfurled off school grounds -- and suspending Frederick.
"Illegal drugs and the glorification of the drug culture are profoundly serious problems for our nation," said school lawyer Kenneth Starr, who said that the banner was "utterly inconsistent" with the school's educational mission.
The Supreme Court justices appeared sympathetic to some of the anti-drug arguments while expressing skepticism about broadening the power of school officials to regulate messages that might undercut any aspect of their educational mission.
"The problem is that school boards these days take it upon themselves to broaden their mission well beyond … illegal substances," said Chief Justice John Roberts. Starr replied that the court could limit its ruling to the drug issue. But Frederick's lawyer, Douglas Mertz, said, "This is a case about free speech. It is not a case about drugs."
Justice David Souter challenged the premise that the banner was truly disruptive. "I can understand if they unfurled the banner in a classroom that it would be disruptive, but what did it disrupt on the sidewalk?" he asked. "It sounds like just a kid's provocative statement to me."
But Justice Anthony Kennedy opined that the banner "was completely disruptive of the message … the school wanted to promote … completely disruptive of the school's image that they wanted to portray ..."
The court is expected to issue a ruling in the case by the end of June.
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