Pubdate: Sun, 28 Jan 2007
Source: Juneau Empire (AK)
Copyright: 2007 Southeastern Newspaper Corp
Contact:  http://www.juneauempire.com/
Details: http://www.mapinc.org/media/549
Author: Will Morris, Juneau Empire
Photo: Joseph Frederick http://www.mapinc.org/images/thebonghitsguy.jpg
Cited: American Civil Liberties Union 
http://www.aclu.org/drugpolicy/gen/index.html
Bookmark: http://www.mapinc.org/topics/Bong+Hits+4+Jesus
Bookmark: http://www.mapinc.org/find?225 (Students - United States)
Bookmark: http://www.mapinc.org/topics/American+Civil+Liberties+Union

BONG HITS SAGA ENTERS YEAR FIVE

Suit Carried All the Way to U.S. Supreme Court, to Be Heard March 19

Five years after Joseph Frederick was suspended for showing a banner 
that said, "Bong Hits 4 Jesus," he still waits for vindication.

The 18-year-old student was trying to make a statement during the 
running of the torch for the 2002 Winter Olympics, his attorney said. 
He unfurled his banner across from Juneau-Douglas High School. Former 
Principal Deborah Morse walked across the street and ripped it down.

Since then, the confrontation has escalated into a court case of 
national importance. On March 19, it will go before the U.S. Supreme Court.

Frederick and his father say through their attorney that they are the 
victims of abuse by people who oppose their lawsuit. They sit in Asia 
in a form of exile, and they wait. They could not be reached for 
comment, and their attorney declined to provide contact information.

On one side of the case is the Juneau School Board. Its 
representatives say Frederick was at a school-sanctioned event when 
Morse ripped down the banner. Their argument is that administrators 
have the responsibility to enforce School Board policy, part of which 
is to discourage drug use.

On the other side is Frederick, who claims his right to free speech 
was violated when the sign was torn down and he was suspended for 10 days.

Frederick appealed the suspension. The School Board upheld it, and 
Frederick filed a lawsuit, which a federal judge dismissed in 2003. 
The 9th U.S. Circuit Court of Appeals said in 2006 Frederick's civil 
rights had been violated. In December, the U.S. Supreme Court agreed 
to hear the case. Legal precedence and an award of several thousands 
of dollars in attorney's fees hang in the balance.

Doug Mertz, Frederick's co-counsel with the American Civil Liberties 
Union, said support is coming from groups worried about free speech.

"We've gotten a lot of support from conservative groups who are 
concerned about cutting back free speech in the schools could lead to 
deprivation of our free-speech rights," Mertz said.

The School Board also has it supporters, the National School Boards 
Association and the American Association of School Administrators.

Both sides in the case say they are misunderstood.

David Crosby, attorney for the School District, said there is a 
public perception that the School Board started this case. Crosby 
said the district is merely defending itself. To do otherwise would 
be derelict, he said. If the district loses or drops the case, it 
will have to pay out roughly $100,000 in legal fees, he said.

"It would be incredibly irresponsible to walk away and write a check 
for $100,000," he said. "Remember, Frederick sued the school board. 
All the money the district spent was in defense. What are you 
supposed to do when you are sued?"

Mertz said people don't realize the venom with which the school has 
pursued Frederick. He said they harassed him before the Bong hits 
incident, and afterwards Frederick's father was terminated from his 
job with the insurance company that covered the city.

He was eventually black-balled from the insurance industry, Mertz 
said, forcing him to move to Asia to teach English. His son followed him.

Crosby said reports of harassment against the Fredericks by the 
district are exaggerated.

Part of the public outcry against the lawsuit has been the public 
cost. Calls placed to Superintendent Peggy Cowan about the costs were 
forwarded to Crosby. Crosby said the costs are hard to calculate. 
Insurance has paid for all the attorney's fees. Ken Starr will 
represent the district before the Supreme Court, pro bono. The 
decision has not been made yet as to what district official may go to 
Washington, D.C., to be present during the arguments.

Juneau resident Erik Lie-Nielsen is one of those who think the case 
should be dropped.

"I think the true cost is probably quite heavy, and we'll probably 
never know what it is," he said. "What they did to this kid was 
unpardonable," he said. "This is the kind of thing they did in Russia." 
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MAP posted-by: Richard Lake