Tuesday, December 05, 2006

"Bong Hits 4 Jesus"

Sounds like a worthy enough cause to me, so I'll be following this case. I can't make this stuff up, so here's the whole of what the associated press had to say:

The Supreme Court stepped into a dispute over free speech Friday involving a suspended high school student and his banner that proclaimed "Bong Hits 4 Jesus."

The justices agreed to hear the appeal by the Juneau, Alaska, school board and principal Deborah Morse of a lower court ruling that allowed the student's civil rights lawsuit to proceed. The school board hired former Whitewater prosecutor Kenneth Starr to argue its case to the high court.

Morse suspended Frederick after he displayed the banner, with its reference to marijuana use, when the Olympic torch passed through Juneau in 2002 on its way to the Winter Games in Salt Lake City.

Frederick, then a senior, was off school property when he hoisted the banner but was suspended for violating the school's policy of promoting illegal substances at a school-sanctioned event.

The school board upheld the suspension, and a federal judge initially dismissed Frederick's lawsuit. The 9th Circuit U.S. Court of Appeals said the banner was vague and nonsensical and Frederick's civil rights had been violated.

At that point, the school board retained Starr, who investigated President Clinton's relationship with White House intern Monica Lewinsky. He took the case free of charge.

The appeals court said that even if the banner could be construed as a positive message about marijuana use, the school could not punish or censor a student's speech because it promotes a social message contrary to one the school favors.

Frederick said his motivation for unfurling the banner, at least 14 feet long, was simple: He wanted it seen on television since the torch relay event was being covered by local stations. When Morse saw it, she crossed the street from the school, grabbed the banner and crumpled it. She later suspended Frederick for 10 days.

Morse still works for the Juneau school system but is no longer the high school principal. Frederick is a student at the University of Idaho.

The court is expected to hear arguments in the case in late February. In addition to the First Amendment issue, the court also will consider whether Morse can be held personally liable for monetary damages.

The appeals panel said she could be held liable because she admitted to being aware of the pertinent case law regarding student rights. The court said the law was clear and Morse was aware of it when she punished Frederick.

The case is Juneau School Board v. Frederick, 06-278.

So far I like how things are shaping up.

5 comments:

Bronze Dog said...

"Bong hits 4 Jesus" would make sense, given some of the Creationist arguments I've been bumping into: One person going, "d00d, like where did time come from?" and another (I think you may be able to guess who) who's trying to pretend that I'm using X-Men as a biology text, meanwhile he's unable to tell the difference between Polymorph Other spells and sexual reproduction.

Infophile said...

My own former high school actually had a provision much like what people are doing there: If you do something that would be against school rules off of school property and/or outside of school hours, they reserve the right to ban you, and anyone who was in the same room as you at the time, from all after-school activities. I shit you not. Stuff like this is why a bunch of students there (myself included) tried to get a local branch of the ACLU started. Sadly, it didn't pan out.

Akusai said...

I'd like to meet this guy. Anyone who takes the time and effort to make a 14-foot "Bong Hits 4 Jesus" banner merely to get it shown on TV is my kind of people. We share a certain type of esoteric amusement at the probable reactions of people we'll never see. If I started a movement, the goal of which is to make large, nonsensical signs and display them at televised events, would I have any takers? It could be a nationwide thing, linked only by a common theme and our stories on the net. It could be magnificent.

austinatheist said...

Count me in! By figuring out when and where live television feeds will be in our respective areas, we could coordinate our unveilings to occur within hours or even minutes of one another on different local news channels. Chances are someone would eventually notice.

Akusai said...

I'll make a post about it sometime today or tomorrow and see what kind of reaction I can get. I urge all other interested parties to do the same. Maybe we could pretend to be like quirky postpostmodern artists or something and get on Letterman.