Bong Hits 4 Jesus

A few weeks ago the Supreme Court heard statements about a case, Morse v. Frederick that dealt with a school’s authority to essentially censor its students. In the recent past the Supreme Court has set a precedent that has been in favor of the free exercise of Constitutional rights in schools, however this current case has the potential to change all of that.

At an off-campus parade, in 2002, a student carried a sign that read “Bong Hits 4 Jesus.” According to the Wikipedia entry, the school was let out early on the day that the Olympic torch was to pass through the town so that students could be in attendance. The student, Frederick, was holding the “bong hits” sign and his principal, Morse, ripped it down and then suspended Frederick from school. The initial suspension of five days was extended to ten after Frederick wouldn’t give up the names of his “accomplices” in sign-holding. After Frederick initially filed suit against his principal, the case made its way through the Alaskan court system and was heard on March 19 by the Supreme Court. The essential asking of this case is what the limit on school-sanctioned censorship should be. Could a student, regardless of where they are (on- or off- campus) be held responsible for portraying a different opinion than that of the school he or she attends and be punished?

First of all, the parade was not a school sanctioned event. The school was let out with the intention that the students would attend the parade by the students didn’t have to. The parade was open to the public. From what reports say the sign was not meant to have any amount of political persuasion but just to get attention. It makes sense that the principal was upset at the sign – a five day suspension may be harsh but in the heat of the moment it may be understandable. However, the action is certainly not forgivable. An entire can of worms has been opened up by this case regarding students and the First Amendment right of free speech. In a Washington Post article, Emil Steiner, observed that if you “take away students’ capacity to mock authority … you undermine political expression.” I have to agree with the sentiment. I truly believe that the schools were created, most importantly, to teach its students about how this country was formed and what rights we all have. If the rights of the rest of the world are taken away in its microcosm, then how will the students learn to speak their minds in the future?

In the past half-century the Supreme Court has heard many cases regarding the First Amendment and schools, but none of them have been as encompassing as Morse v. Frederick. Tinker v. Des Moines ruled that “it can hardly be argued that either students or teachers shed their constitutional rights to freedom of speech or expression at the schoolhouse gate.” However, the incident in the current case actually occurred outside the “schoolhouse gate.” The sign was in strict violation to the school’s anti-drug policy, but since there was no mention of the school the sign and the activity was not school related, does the principal have the authority to punish?

Hazelwood v. Kuhlemeir dealt with high school publications and censorship. Hazelwood gave the schools the right to censor what can be put into a high school publication. However, the sign wasn’t as of a high school publication as it was a public statement by a high schooler.

According to CNN, a decision is expected by this July. Hopefully the decision will not further exempt young people from Constitutional freedoms.

Sources:

http://en.wikipedia.org/wiki/Morse_v._Frederick

http://www.cnn.com/2007/LAW/03/19/scotus.bonghits.ap/index.html

http://blog.washingtonpost.com/offbeat/2007/03/high_court_takes_bong_hits_4_j.html

http://www.bc.edu/bc_org/avp/cas/comm/free_speech/tinker.html