Pubdate: Fri, 23 Mar 2007 Source: Daily Herald, The (Provo, UT) Page: A6 Copyright: 2007 The Daily Herald Contact: http://www.heraldextra.com Details: http://www.mapinc.org/media/1480 Bookmark: http://www.mapinc.org/topics/Bong+Hits+4+Jesus (Bong Hits 4 Jesus) Bookmark: http://www.mapinc.org/pot.htm (Marijuana) HERALD POLL: DO KIDS HAVE FREE SPEECH RIGHTS? How far can a school go in regulating what students say, even off campus? That's the question the Supreme Court is wrestling with in the case of Morse v. Frederick, also known as the "Bong Hits 4 Jesus" case. The case dates back to 2002, when the Olympic Flame was making its way to Salt Lake City. When the torch run passed through Juneau, Alaska, students from Juneau-Douglas High School were given a break from class to watch. Joseph Frederick, then a senior, was across the street from the school holding up a sign that read "Bong Hits 4 Jesus" (whatever that means) as the torch passed. Frederick said his sign was a nonsensical attempt to get on television, like the wacky signs people hold up at football games in hopes of getting a few seconds' worth of fame on ESPN. Unfortunately, Frederick's school principal, Deborah Morse, didn't see it that way. Morse tore the sign from Frederick's hands and issued him a five-day suspension for violating the school's anti-drug policy by advocating marijuana use. The suspension was lengthened to 10 days after Frederick quoted Thomas Jefferson to justify his display of the sign. Frederick's lawsuit against Morse was initially dismissed by a federal judge but reinstated by the U.S. 9th Circuit Court of Appeals, which decided the principal violated Frederick's right to free speech, sparking the current appeal. The case has brought together a motley group. Kenneth Starr, the former independent counsel who investigated President Clinton, is representing Morse and the school district. Among those who have filed friend-of-the-court briefs in her behalf are American Association of School Administrators, the National School Boards Association and former drug czars Barry McCaffrey and William J. Bennett. On the other side, groups ranging from the conservative Rutherford Institute to the Drug Policy Alliance, a group that advocates easing restrictions on marijuana, have filed amicus briefs, as did the Student Press Law Center, Lambda Legal Defense and Education Fund and the Christian Legal Society. The court should decide in favor of Frederick. To do otherwise would be dangerous. In 1969, the Supreme Court ruled in Tinker v. Des Moines that students do not give up their rights to free expression at the schoolhouse gate. In Tinker, the court declared that a student's speech could only be restricted if it created a "substantial interference" with school discipline. But that right has been eroded, most recently in the 1988 Hazelwood v. Kuhlmeier decision that gave schools the authority to censor student publications. That decision has turned many student newspapers into bland public relations organs for school administrators. While the Supreme Court has allowed some censorship on school grounds, it seemed that students should be able to exercise their free-speech rights off campus. In this case, the school actually released the students. There have been instances where school officials have gone after Web sites students created on home computers, but administrators used the argument that students accessed the controversial sites at school and caused disruption to campus life, thus justifying a crackdown. If the court rules against Frederick, it could extend a school's power to censor speech far beyond the school yard. Frederick was across the street from his school when he committed the act for which he was punished. A ruling in Morse's favor could embolden school officials to go after students anywhere for saying things they don't like, claiming that the message contradicted a school's mission. Justice Samuel Alito said during the arguments Monday that a school could extend its mission statement to justify squelching any student who says something the administration doesn't like. Such a rule would make a mockery of the First Amendment's explicit protection of expression. For instance, a school could conceivably punish a student for wearing a T-shirt supporting a political candidate because it could be perceived as violating a policy on political neutrality. Teaching children that they can be punished by their principals for what they say when they're outside school sends the message that free speech is not an inherent right, but rather a privilege that officials grant as long as one's words have been cleared by the authorities. It's a bad seed to plant. People should be free to challenge authority - -- even (or perhaps especially) youth. The First Amendment is already in trouble with the rising generation. A 2006 survey by the John S. and James L. Knight Foundation found that 46 percent of high school students think newspapers should only publish stories with government approval. We can't afford to lose any more ground with our youth when it comes to a bedrock principle of American life. Students learn about free speech by exercising it. Will students make mistakes and say things that are impolitic or outrageous? Of course. But so do adults, and the republic hasn't collapsed yet because of it. Students need to learn that the First Amendment protects dissenting voices and goofy statements. Except for a very narrow set of circumstances in which speech is likely to result in an immediate breach of the peace, and where there is a compelling state interest, the government (including the public schools) should not be allowed to muzzle anybody's voice. [sidebar] WHAT DO YOU THINK? Should schools punish students for off-campus speech? Send your comments to or call 344-2942. Please leave your name, hometown and phone number with your comments. E-mail comments should not exceed 100 words; voice-mail comments should be no longer than 30 seconds. Anonymous and unverifiable responses will not be published. The Daily Herald will publish comments on April 1. - --- MAP posted-by: Richard Lake