Pubdate: Fri, 23 Mar 2007 Source: Morning Sentinel (Waterville, ME) Copyright: 2007 Blethen Maine Newspapers Inc Contact: http://centralmaine.mainetoday.com/readerservices/lettertotheeditor.html Website: http://www.onlinesentinel.com/ Details: http://www.mapinc.org/media/1474 Author: Joseph R. Reisert Note: Joseph R. Reisert is associate professor of American Constitutional Law and chairman of the Department of Government at Colby College in Waterville. Bookmark: http://www.mapinc.org/opinion.htm (Opinion) Bookmark: http://www.mapinc.org/topics/Bong+Hits+4+Jesus (Bong Hits 4 Jesus) BONG HITS 4 JESUS CASE Schools Not Well Served If Second-Guessed by Courts The Ninth Circuit Court of Appeals says that they do, as long as they advocate drug use without also causing a disturbance. The Supreme Court, which took up the question this week, is likely to reverse -- the Ninth Circuit is already batting 0 for 9 in the Supreme Court this term -- but the fact that this case is in the courts at all demonstrates the absurdity of our current law regarding student speech. This week's case began in January 2002, when the Olympic torch relay passed through Juneau, Alaska, on its way to Salt Lake City for the winter games. Because the course passed in front of the high school during school hours, the principal authorized the teachers to take their students outside to watch the event, and the school's pep band and cheerleaders were asked to provide entertainment for the relay participants. One enterprising student, however, decided to welcome the torch with his own special greeting: As the runner approached he unfurled a banner emblazoned with the phrase, "BONG HITS 4 JESUS." His primary aim, according to his lawyers, was to get himself on TV -- and he has spectacularly succeeded. His secondary goal, his lawyers say, was to make a statement about his First Amendment rights. In other words, this student planned and executed an attention-getting prank designed to provoke the principal and irritate his teachers, and he fully expected to get away with it. The indignant school principal ordered him to take down the banner, which she interpreted, reasonably enough, as expressing a pro-drug message. When the student refused, she tore it down, ordered him to her office and gave him a 10-day suspension as punishment. The student - -- naturally -- sued. If the Ninth Circuit were to get its way, the student would not only have the suspension expunged from his record, he would also be entitled to sue the school district for monetary damages because, in their view, no reasonable public official could have believed he had the right to prevent a student from advocating illegal drug use at a school event. How extraordinary. I would have thought that no reasonable parent would want their children to attend a school where the teachers failed to stop students from using school events to advocate drug use. It would be interesting to know, but perhaps unfair to ask, whether the appeals court judges send their own children to public schools that would be bound by their decision, or to private schools that are not obliged to treat juvenile stunts as constitutional cases. The First Amendment to the Constitution provides that the government shall not abridge "the freedom of speech or of the press" but those words offer little specific guidance about what those freedoms, which we now refer to as "freedom of expression," should entail. The courts have sought to define the bounds of the constitutional freedom of expression by reference to purposes it believes are served by that freedom. It has primarily held that the freedoms of speech and of the press are valuable because the free exchange of information, ideas, arguments and opinions tends, over time, to lead to the discovery of knowledge and cultural or political advancement. Freedom of speech is only valuable in this way, however, among people who are rational, responsible and mature enough to distinguish for themselves the true from the false and the wise from the foolish -- among people who are, in short, adults. Children are different. They are not yet mature, not very experienced and neither fully reasonable nor entirely rational. Public schools exist in order to prepare young people for responsible citizenship in a free society, and the educational mission of the schools is not well served when courts second-guess educators, requiring them to treat the juveniles under their care and supervision as if they were adults. The courts have already held that "a school need not tolerate student speech that is inconsistent with its basic educational mission," but by taking a narrow view of the schools' educational mission, they have opened the doors to frivolous student lawsuits, which undermine the authority and effectiveness of our schools. Only by affirming that schools must be given wide latitude to carry out their comprehensive educational mission of preparing young people to be healthy, well-informed and responsible citizens will the court demonstrate its respect for the genuine values for which the First Amendment stands. - --- MAP posted-by: Richard Lake