Pubdate: Thu, 05 Jul 2007 Source: Pasadena Weekly (CA) Copyright: 2007 Southland Publishing Contact: http://www.pasadenaweekly.com Details: http://www.mapinc.org/media/4323 'SERIOUS VIOLENCE TO THE FIRST AMENDMENT' Speech in this country may still be free in the minds of some. But don't tell that to Joseph Frederick, the then-18-year-old high school student from Alaska who held up a sign that said "Bong Hits 4 Jesus" as the torch for the Winter Olympics passed through his hometown in 2002. For his transgression, Frederick was suspended for 10 days by his principal after she took the sign away from him and his friends. Frederick sued the school district over his suspension. And last week, in one of a number of alarming decisions on speech, race and education that should give every American cause to pause, a deeply divided US Supreme Court ruled against him. With 23 organizations filing friend of the court, or amicus curiae, briefs in support of Frederick's cause, and with a number of states, including California, already making medical marijuana use a legal activity, it seemed as though the brazen youngster with the stupid sign had a pretty solid case. Unfortunately he did not, according to Chief Justice John Roberts. Like all good judges, Roberts weighed the right of the individual against the government's need to regulate the activity in question and decided that the government needed to stifle Frederick. Seven briefs were filed in support of Frederick by conservative, religious liberties groups including the Alliance Defense Fund, the American Center for Law and Justice, the Center for Individual Rights, the Christian Legal Society, the Liberty Counsel, the Liberty Legal Institute and the Rutherford Institute, according to a recent report by the Student Press Law Center ( http://www.splc.org/newsflash.asp?id=1462 ). Others were filed by the Drug Policy Alliance, Lambda Legal Defense and Education Fund, the National Coalition Against Censorship and Students for Sensible Drug Policy. The Student Press Law Center filed a brief in support of Frederick's claim on behalf of five First Amendment organizations. While disappointing, the ruling was hardly surprising. For quite some time, and particularly since 9/11, the government's list of behavioral prohibitions has grown exponentially, and all of its many needs apparently can only be fed from what bloated bureaucrats carve off what's left of the Bill of Rights. The government needs to be "safe" not only from divergent political philosophies, like communism and socialism, two major reasons for crackdowns on speech in the last century, and terrorism, which already in this century has trumped any number of other rights, but now also even from the very mention of marijuana. As a lawyer for one of the religious groups pointed out, the kid was on his own time and standing on a city street when he and his friends waved the crazy sign, undercutting Roberts' rationale that the school's policy against drugs gave officials a right to do what they did. Mathew Staver of the Liberty Counsel, a legal group that advocates religious freedom and family tradition, told Student Press reporter Erica Hudock that the district's reason for appeal "doesn't match the facts." One such "fact" involved a ruling in Frederick's favor that found a prior court had erroneously believed the sign waving was part of a school-sponsored activity, which it wasn't. But an even more compelling reason to not side with the school district, wrote the Liberty Counsel, is that "[Frederick] was basically fooling around to get the TV cameras on him. We have to make sure they don't decide it for the wrong reason, to hurt people who do have serious messages." Justice John Paul Stevens upbraided his colleagues for "inventing out of whole cloth" a drug advocacy exception to the First Amendment. Frederick's message "neither violates a permissible rule nor expressly advocates conduct that is illegal and harmful to students. This nonsense banner does neither, and the Court does serious violence to the First Amendment in upholding -- indeed, lauding -- a school's decision to punish Frederick for expressing a view with which it disagreed," wrote Stevens. Maybe something to remember is what Ben Franklin once said about freedom: "Those who would give up essential liberty to purchase a little temporary safety deserve neither liberty nor safety." When rulings like this occur, we have to wonder how much of either we actually have left. - --- MAP posted-by: Steve Heath