Pubdate: Fri, 25 Jan 2008
Source: Juneau Empire (AK)
Copyright: 2008 Southeastern Newspaper Corp
Contact:  http://www.juneauempire.com/
Details: http://www.mapinc.org/media/549
Bookmark: http://www.mapinc.org/people/joseph+frederick

ENOUGH ALREADY; DROP THE BONG HITS ISSUE

The Juneau School District's decision to go after former student
Joseph Frederick to pay its court fees demonstrates how the "Bong Hits
4 Jesus" saga has degenerated.

The district appears to be acting out of spite, especially if one
considers that $5,000 is just a drop in the bucket compared to its
overall operating budget.

The U.S. Supreme Court ruled last year that the school district did
indeed have the right to suspend Frederick from school after he
unfurled a banner reading "Bong Hits 4 Jesus" at a 2002 Olympic torch
rally, a school-sponsored event.

Back in November, Frederick's attorney Doug Mertz offered to drop the
case if the Juneau School District paid $8,000 to his client and
$20,000 for legal fees. The Juneau School Board refused, and Mertz
promptly filed an appeal over state constitutional issues with the 9th
U.S. Circuit Court of Appeals.

What started as a quest to ensure Alaska students' free speech rights
- - a worthy cause - has fizzled. After losing twice in court last year
- - and once in the nation's highest court - Frederick and Mertz should
put this issue to rest. The school district shouldn't have to
compensate Frederick for his failed lawsuits.

Last July, School District Superintendent Peggy Cowan cleared
Frederick's suspension from school, and the young man at the center of
the case has sold the movie rights to his story. It's time to move
on.

And the school district should let go of this case as well. The amount
of money Frederick owes is chump change to the district, but a large
chunk of money to an English teacher making $650 a month in China. The
district's fees are covered by insurance and are hardly a burden.

But right now, Mertz and his client are at an impasse with the school
district. Mertz says the district is insisting that Frederick leave
his job in China to fill out a deposition about his finances. The
district's attorney, David Crosby, said he's flexible on when or if
Frederick needs to return to Juneau for testimony, but he does need to
properly respond to written questions. Mertz filed a motion in U.S.
District Court to prevent Frederick from being forced to appear in
person. Now the district's attorney says he will respond to Mertz'
motion soon.

This legal tit for tat must end. Let's drop the bong hits case once
and for all.
- ---
MAP posted-by: Larry Seguin