Pubdate: Fri, 06 Jul 2007 Source: Palladium-Item (IN) Copyright: 2007 Palladium-Item Contact: http://www.pal-item.com/customerservice/contactus.html Website: http://www.pal-item.com/ Details: http://www.mapinc.org/media/2624 Bookmark: http://www.mapinc.org/topics/Bong+Hits+4+Jesus (Bong Hits 4 Jesus) Bookmark: http://www.mapinc.org/find?225 (Students - United States) A FAILURE FOR FREE SPEECH The Supreme Court's recent ruling on a high school free speech question seems legally correct but morally regrettable. Legally correct because, confronted with the question over who has final authority on school grounds for student behavior, the court is duty bound to uphold the supremacy of elected school boards and top administrators, Morally regrettable because, in practice, the decision undermines rather than expands student appreciation for free speech rights and responsibilities and often places teachers and other classroom advocates at odds with administrators and school board members. The 5-4 ruling holds that students standing on a Juneau, Alaska public street watching the Olympic torch pass through town en route to the 2002 Winter Olympics in Utah had no free-speech right to unfurl a banner that read, "Bong Hits 4 Jesus." School administrators read this as endorsement of, even advocacy for, illegal marijuana use in violation of stated school policy and educational mission. When the student refused to take the banner down, he was suspended for 10 days. One troubling consequence of the decision is that it seems to go against the high court's 1969 decision that teenagers wearing arm bands to school to protest the Vietnam War do not "shed their constitutional rights to freedom of speech or expression at the schoolhouse gate." Another even more troubling consequence is the disdain demonstrated by Justice Clarence Thomas in his majority opinion, wherein he found "farcical" the very notion that students hold First Amendment rights beyond those liberties granted them by school authorities. The other majority justices at least split hairs, ruling against the students' advocating an illegal action. To which a dissenting Justice John Paul Stevens wisely asked his colleagues how they would rule when the next banner unfurled reads "Wine Sips 4 Jesus." This is just the kind of troubling web the court spins when it constricts rather than expands basic rights. - --- MAP posted-by: Richard Lake