When Joseph Frederick stood across the street from his Juneau, Alaska, high school displaying a 14-foot banner reading "Bong Hits 4 Jesus," the principal responded by suspending him. He appealed, and the case got all the way to the high court this week.
By all reports, the justices had a lively debate about whether the banner constitutes a pro-drug message. If they decide Frederick's banner was indeed advocating drug use, the Court will likely side with the principal. But Frederick has contended from the beginning that his message is a valid expression of his First Amendment rights, and his lawyer is trying to keep the case about free speech rather than drugs.
Kenneth Starr, the attorney arguing the side of the high school principal, told the justices "Bong Hits 4 Jesus" is a blatantly pro-drug message, and it is perfectly appropriate for school officials to curtail such kinds of student speech. Starr and the Bush administration have asked the Court to consider making a broad ruling to give public schools authority to limit any student speech with which they disagree.
Luckily, the justices didn't like that idea much. It doesn't seem right that young people should have to check their speech rights at the door of their schools. Controlling speech that advocates drugs is one thing, but schools should mirror democratic societies and allow students to explore and exercise their First Amendment rights to free speech and assembly.
The court is expected to return a decision in the Frederick case by July.
