High Court Hears "Bong Hits" Case

Student Suspended For Displaying "Bong Hits 4 Jesus" Banner Says His Rights Were Violated

(CBS/AP)  A high school principal was acting reasonably and in accord with the school's anti-drug mission when she suspended a student for displaying a "Bong Hits 4 Jesus" banner, her lawyer told the Supreme Court Monday.

"The message here is, in fact, critical," the lawyer, former independent counsel Kenneth Starr, said during a lively argument about whether the principal violated the constitutional rights of the student.

On the other side, attorney Douglas Mertz of Juneau, Alaska, urged the justices to see the case as being about free speech, not drugs.

The dispute between Joseph Frederick, who in 2002 was a high school senior, and principal Deborah Morse has become an important test of the limits on the free speech rights of students.

Justice Stephen Breyer, addressing Mertz, said he is struggling with the case because a ruling in Frederick's favor could encourage students to go to absurd lengths to test those limits.

A ruling for Morse, however, "may really limit free speech," Breyer said.

The Bush administration, backing Morse, wants the court to adopt a broad rule that could essentially give public schools the right to clamp down on any speech with which it disagrees.

Scores of students waited outside the court early Monday for a chance to listen to the arguments.

"I would never do it, but at the same time, it's free speech," said Chaim Frenkel, 17, of Silver Spring, Md. Frenkel was one of 13 seniors and their teacher from the Melvin J. Berman Hebrew Academy who arrived at the court at 4:30 a.m. EDT.

Natasha Braithwaite, 20, a junior at Columbia Union College in Takoma Park, Md., got in line at 7 a.m. with a definite opinion about the case. "In every possible way, his First Amendment rights were violated," Braithwaite said.

Frederick was a high school senior in Juneau when he decided to display the banner at a school-sanctioned event to watch the Olympic torch pass through the city on its way to the 2002 Winter Games in Salt Lake City.

Morse believed his "Bong Hits 4 Jesus" banner was a pro-drug message that schools should not tolerate. She suspended Frederick for 10 days. Frederick sued Morse, and that case now is before the court.

Frederick acknowledged he was trying to provoke a reaction from school administrators with whom he had feuded, but he denied that he was speaking out in favor of drugs or anything other than free speech. A bong is a water pipe that is used to smoke marijuana.

"I waited until the perfect moment to unveil it, as the TV cameras (following the torch relay) passed," Frederick said.

Morse and the Juneau school district argue that schools will be powerless to discipline students who promote illegal drugs if the court sides with Frederick. The Bush administration, other school boards and anti-drug school groups are supporting Morse.

Frederick, now 23, counters that students could be silenced if the court reverses the appellate ruling. A wide assortment of conservative and liberal advocacy groups are behind Frederick.

"What we've seen is schools overextending their power over students through zero tolerance policies," said John Whitehead of the Rutherford Institute. "And what's happened is it has completely decimated our First Amendment."

CBS News correspondent Barry Bagnato reports it is a fascinating case that gives the high court a chance to revisit rulings that grew out of the protest years of the 1960s. In a Vietnam War-era case, the court backed high school student anti-war protesters who wore armbands to class. Since then, though, the court has sanctioned curtailing student speech when it is disruptive to a school's educational mission, plainly offensive or part of a school-sponsored activity like a student newspaper.

National School Boards Association lawyer Francisco Negron said he felt the key question is how come the principal is facing a lawsuit. "We think its rather severe to punish them personally for just acting in good faith and doing their job," said Negron.

A federal appeals court called Frederick's message "vague and nonsensical" in ruling that his civil rights had been violated. The 9th U.S. Circuit Court of Appeals also said Morse would have to compensate Frederick for her actions because she should have known they violated the Constitution.

Frederick, who teaches English and studies Mandarin in China, was not expected at the court for the argument. Two years after the banner incident, Frederick pleaded guilty to a misdemeanor charge of selling marijuana, according to Texas court records.

The case is Morse v. Frederick, 06-278.

[random_radar]

"Morse and the Juneau school district argue that schools will be powerless to discipline students who promote illegal drugs"

Hey, I am all in favor of letting the schools discipline students and even prohibit free speech. But in exchange, students should be free to not attend school if they disagree.

Compulsory education laws require students to attend school or go to jail (juvenile detention). Freedom from compulsion is even more important than freedom to speak.

And don't make me support the schools with my taxes if I don't agree with how they operate. Let the people who have children pay to raise their children. Why is my responsibility to pay for other people's children? They chose to have them, let them pay for them.

[rafterman1]

Why am I not surprised that the Bush adminstration will, once again, be on the side of limiting freedom. Bush never met a restriction on personal freedom that he didn't love. It wasn't that long ago that it use to be "when in doubt, err on the side of freedom". Now, it's become "when in doubt, ban it".

[adventurepa]

If free speech is overturned the revolution will begin. What other rights are they going to take away? This is only the beginning.

[randalds]

This is ridiculous. Every time this issue is decided in favor of free speech I hope that the issue is settled, but then some narrow minded idiots try again. Of course it's a violation of his free speech. In the 1970 when I was still in school the big movements were no nukes, save the whales and youth for Christ, so of course I wore a t-shirt that said "Nuke the baby whales for Jesus" and my friend wore one that said "Save the whales...until later when we're really hungry". The principal of the school just shook his head, but didn't make us change them. The idea was then and still is that free speech can be used to provoke dialog and an exchange of opinions. That's one of the things it exists for and it must be protected.

[canyoutellme-2009]

"And don't make me support the schools with my taxes if I don't agree with how they operate. Let the people who have children pay to raise their children. Why is my responsibility to pay for other people's children? They chose to have them, let them pay for them. "

That's a ridiculous statement. Your $$ isn't going just to pay for schools... and other people's $$ isn't going just to pay for your roads that you travel on. Everyone throws their $$ into a big pot and it all gets spent to better the community; that's the theory on taxes anyway. If everyone just paid for JUST the stuff they used, you'll find that there will be NO good roads, NO good schools, NO good ANYTHING. Sucks for you to have to pay schooling of kids YOU don't have, i agree, but it sucks for those people who don't own cars to have to pay for freeway systems and pothole repairs if all they do is ride bikes on the sidewalk to work (or gosh forbid, walk). This is a big community, act like it or get out.

[rohink-2009]

"Frederick acknowledged he was trying to provoke a reaction from school administrators with whom he had feuded, but he denied that he was speaking out in favor of drugs or anything other than free speech. A bong is a water pipe that is used to smoke marijuana."

All of this because a punk kid had a feud with school adminitrators. He waited till the perfect moment to unveil it, when T.V. cameras were there. What a waste. If he really believed in what he was saying and was fighting for his right to say it, that's one thing, but honestly this?

[CBSTV]

Key legal cases such as this one ought to remind us that when we elect presidents, by extension we are choosing the composition of the Supreme Court.

[scott4261]

Posted by RandalDS at 02:51 PM


-----

Well said.

[adventurepa]

I can see it now, thousands of kids wearing "bong hit's for jesus" shirts, banners and such to rebel against the system and taking away freedom of speech. The results will be amazing.
How fast america will change and the rupublicans will really have no support from younger voters.
It will become the latest trend.

[nsri1982]

There is nothing more amusing and/or embarrassing than an American crying the violation of his/her civil liberties. Half of these ignorant idiots can't identify the bill of rights that protects this right let alone the amendment.

Americans just like to *** and to refuse compromise.

[neitherone]

Random said:

"And don't make me support the schools with my taxes if I don't agree with how they operate. Let the people who have children pay to raise their children. Why is my responsibility to pay for other people's children? They chose to have them, let them pay for them."

This is off-topic, I think, but still: think about it this way: you're not paying for the kids of others. Instead, you're paying the country back for sending YOU through school.

[randalds]

Posted by nsri1982 at 03:21 PM : Mar 19, 2007

The United States Bill of Rights.
The Ten Original Amendments to the Constitution of the United States
Passed by Congress September 25, 1789
Ratified December 15, 1791



I
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press, or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.

[agnim]

What a dam waste of Court time? Tsk-tsk

What a waste of resources!

No school, and for sure no teacher should waste their valuable time on this no good so-called student.
Let his irresponsible parents home school the dam brat!

THE JUDGES SHOULD BE IMPEACHED AND RETIRED FOR NOT TOSSING OUT THIS RUBBISH AND FOR SENILITY!

[last121868]

random_radar
You are obviously a very lonely person...Hopefully when you get become elderly and infirm, those children, whom you would like to throw out with the trash instead of educating, will not have the same hateful attitude that you have. Why should they have to tend to some old bitter ***, let your kids take care of you...Oh, that's right you CHOSE not to have any. Good luck to you, Buddy, hope someone takes care of you!
Children are precious and THEY are EVERYONE'S future.

[bildooreilly]

The D.A.R.E. Program that they've been teaching in schools for over a decade now has been proven time and time again to increase drug use among kids yet the government still insists on teaching that cr ap... DARE YOU TO USE DRUGS KIDS, and we're gonna tell you how to do it... Face it the government wants people all doped up, makes them nice and complacent and scared to say anything about the scams they're pulling. I know countless people right now hooked on prescription Hydrocodone, the doctors are handing this stuff out to people like candy, it's way worse than marijuana.

[klingon69]

canyoutellme:
But, we DON'T have good schools, we DON'T have good roads...etc

[bellal-2009]

Jeez, don't they have better things to do.

[saransk]

Smart-Alect student manages to get the school to overreact. And it winds up at the Supreme Court!!! This principal and school administration needs to get a grip. A perfect example of "Your Tax dollars at work." For what - to prove a high school senior was in bad taste!! This is news!!!
You would think that after years of this behavior school officials would finally realize theis is exactly what the kids wanted - just like when we wore black armbands against Cambodia when the school administration said we'd be sent home. Which was another mess for the high school. This is like getting suspended for playing Country Joe and the Fish over the school public address system or printing everyones salary in the school paper -inadvertantly sent to an unsecured computer. The amount of effort to prove this young man was wrong is so out of wack to what happened - you'd think the moral fabric of society was at risk. And even if high-school students made pro-drug statements - big deal. What kind of things did we say during those years.

[saransk]

By the way - where can we get on of those T-Shirts. Right up there with the "Life of Brian."
About as sensical as "The penquin on the television has exploded" or "We're all Bozos on this bus."

Why are we so uptight all the time!!!

[randalds]

By the way - where can we get on of those T-Shirts. Right up there with the "Life of Brian."
About as sensical as "The penquin on the television has exploded" or "We're all Bozos on this bus."

Why are we so uptight all the time!!!
Posted by saransk at 04:00 PM : Mar 19, 2007

I'm sure you'll soon by able to get one online at a place like cafepress.com or a similar website. Back in the day I got my "Nuke the baby whales for Jesus" from a head shop in Battle Creek. That and my copies of the Fabulous Furry Freak Brothers comics. Ahhhh for the good old days.

[nolalou]

What this story dosn't sate, but I heard in a radio report this morning, is that the banner was held on a public street, not on school grounds, but the students were allowed to leave school early to watch the Olympic torch pass by. When the principal saw the banner, she grabed it out of the hands of the students. All the lower courts who already heard this case ruled in favor of the students.

I'm curious to see if free speach will lose this round in the supreme court!

[jimmyjack122]

These kids are stupid and know there isn't a real threat. If they really want to stand up for something, why don't the say, "Bong Hits for Mohammed"

[toolmangler-2009]

Free speech is free speech. It doesn't matter the topic. TRUE!!

Free speech can also be used to 'Incite to riot' but that will land you in jail.

Free speech carries a responsibility to never use it to hurt but only enlighten. (educate)

Free speech for the sake of inflicting pain on the hearer sometimes has its own consequence (A punch in the mouth if you are lucky, a bullet if you are not).

You are free to say anything you want but be careful, free speech can be a deadly boomerang.

[toolmangler-2009]

"These kids are stupid and know there isn't a real threat. If they really want to stand up for something, why don't the say, "Bong Hits for Mohammed"
Posted by JimmyJack122

Now JJ, you know these kids don't want to play in the real world where they 'will' get killed for using "free speech"

[zootallures2]

False Flag Operations 4 Jesus

It is amazing that after a while the dog learns you are faking and are still holding the stick. But then the dog brain isn't maxxed out processing nonsense, I guess.

[randalds]

These kids are stupid and know there isn't a real threat. If they really want to stand up for something, why don't the say, "Bong Hits for Mohammed"
Posted by JimmyJack122 at 04:15 PM : Mar 19, 2007

Because Muslims are not allowed to smoke or drink. Now the J-man on the other hand was known to be a big fan of the wine and I have no doubt would have taken a big big big hit on the bong if one had been passed to him.

[zootallures2]

"These kids are stupid and know there isn't a real threat. If they really want to stand up for something, why don't the say, "Bong Hits for Mohammed"
Posted by JimmyJack122

Good point. The NWO would love it. Like some Muslims would protest to pray at school, and then win. Soon the Christians would try and be denied. They'd think, "WHAT in our own Christian country?". But instead of seeing or taking it out on the NWO, they'd go after the Muslims.

It's so easy to rule idiots. They are so stupid now, you can even explain the whole conspiracy to them and still they'd rather us it for an excuse to commit sadism on the "other" group.

HIGH FIVE!

[rochest]

ok folks get a gripe.... there's a war going on we are torturing people the government sent people to secret prisons in foreign lands people are dying every day in Iraq.... and the Supreme Court chooses to hear this case? the message on the sign sounds pretty nonsensical to me and if this student was on public property not school property isn't the principal guilty of assault? the Supreme Court should have just let the lower court ruling stand in not waste its time and our taxpayer money.

[sshard]

Now this is funny. The school freaks out and way over reacts. If the school wanted to make an example of these kids, they should have had write 100 times "Bong Hits 4 Jesus" on the blackboard.

[scott4261]

Posted by RandalDS at 04:42 PM

LOL! Randal, you crack me up!

FYI: if it weren't for drug testing at work, I'd be taking "bong hits for Jesus" today!

[michellem99-2009]

I would like to see this nation's kids have their say without fear. I can understand that there are dress codes. I think we as a nation is slowly losing our rights. I don't have children and this is how the money is used. Teachers dating children and we pay texes for broken down systems that fail the kids. I think the school systems are not better today. They were better years ago in some areas. I don't like paying taxes for schools that won't do their jobs. I think they are making a big deal out of nothing.

[michel294eve]

While I wouldn't condone my own child doing something like this, I certainly don't think it warrants going to the Supreme Court.

As long as this kid wasn't on school property, his rights were violated. Let's face it, this was just a prank, nothing more. If people can burn the American flag under constitutional rights, then this kid should be able to hold up a sign. He wasn't inciting any riots or anything.

I think we are all just a little too uptight about everything in general anymore...

[radiob-2009]

Zoot Allures have you been Smoking that yellow snow lately? Why is this even at the supreme court or even a headline. It should have been dropped by the school.

[agnim]

No wonder the country is in such a mess and

What an infernal waste?

Is anyone as incensed as I am over this silliness?

What bunch of senile idiots at the Supreme Court.
Little wonder the saddle us with a lunatic as leader.

How on gad's green Earth can a case like this CHILDISHNESS AND STUPIDITY make it to court in the first place; and worse, all the way to the US Supreme Court?

Americans are losing thousands of lives and limbs on account of an idiotic leader. (A foolish people will lose lives foolishly.) And the US Supreme Court is acting with such senility and utter stupidity in not ignoring this nonsense in the first place.

Take away the banner; and no suspension was necessary.
This spiteful Principal overreacted; but a few days of suspension of a school CHILD isn't something to take to court.

[randalds]

LOL! Randal, you crack me up!

FYI: if it weren't for drug testing at work, I'd be taking "bong hits for Jesus" today!
Posted by scott4261 at 04:56 PM : Mar 19, 2007

I would to, but it's not drug testing, it's wife testing. (sigh) She would have no problem with me getting high, but she has a BIG problem with how much is costs!

[toolmangler-2009]

"Compulsory education laws require students to attend school or go to jail (juvenile detention). Freedom from compulsion is even more important than freedom to speak"

Posted by random_radar

Everyone that is in favor of letting random_radar support those that do not wish to be compelled to get a 'selfsupporting' education say 'AYE'



AYE,AYE, AYE

[patsy2007-2009]

Random,

Your right...is not worth paying taxes for schools, I mean your comment sucks and grammar too. "is that why your upset cause you feel you did not learn". Now I know your ignorence.
I agree with you should not pay for the education you did not get...or could've been that same pot that made you forget.

[bildooreilly]

Next time your local school system starts claiming it's broke file a Freedom Of Information Act request for what is known as the CAFR or Comprehensive Annual Financial Report. The government(s) (school districts, water districts, cities, counties, states, and the feds) have been running a double bookkeeping scam on us all since 1946. The "budget" is just a shell game, the real numbers are in the Comprehnsive Annual Financial Reports, that's where they hid all of the surplus tax money, their investments they've made with this money and all of their excess liquid assets. There are 85,000 CAFR's filed every year in this country, and you can find many of them online via the search engines. If our society was ran honestly we'd all be getting dividend earnings checks instead of a tax bill. This is no conspiracy theory, the numbers are right there on their own official reports, go look up some CAFR's if you don't believe me..

[zootallures2]

You'd be better of going to your library and reading the pscology and sociology books your elite masters are reading than chasing the fake sticks they throw.

You will see while you are busy with this nonsense, they are robbing you blind, making you fight their wars, and do their dirty work.

As long as they get richer, they could care less what you smoke. The war on drugs just makes money for their privatized prisons from the drugs you paid them for in the first place. It ain't just oil they get out of Afghanastan and Columbia. The dealers they arrest are the competition..lol.

[bildooreilly]

Seriously next time your school district, city, county, state starts claiming it needs to raise taxes file a freedom of information act request for their CAFR and let everyone know how much of our tax payer money they got stashed away in their slush funds. Here's a complete outline of the biggest scam ever that they're pulling on us all and it includes the information you need to file a FOIA request to force them to hand these documents over. http://www.nonwo.com/biggestgame/

[one_american]

Weak minds + illegal drugs = liberal idology.

Simple math even a simpleton liberal can understand.

[omega39-2009]

Funny how misleading or down right lying political ads are revered as free speech that may never be encroached upon but..............

[michel294eve]

While I wouldn't condone my own child doing something like this, I certainly don't think it warrants going to the Supreme Court.

As long as this kid wasn't on school property, his rights were violated. Let's face it, this was just a prank, nothing more. If people can burn the American flag under constitutional rights, then this kid should be able to hold up a sign. He wasn't inciting any riots or anything.

I think we are all just a little too uptight about everything in general anymore...

[hypnotoad72]

I agree - our country is in a mess and, liberal or conservative, we can all agree on that and I am going to adumbrate on one of the reasons why I think it has gone awry. But first, a quick rhetorical question?

Are these individuals in high school or college?

( High school, obviously, but my point is about to be made: )

Being 18 is a legitimate factor in this. Kids don't come into this world knowing things. Kids learn. And that's why they're in school. I've nothing against classes that talk about current events, but that's the context it ought to stay in.

If one can vote for one's country, die for it, then they can speak up about it. Until then they are not adults and are supposed to learn. That's it.

Ironically, the adults who first gave children the notion they could think or do what they want should probably be reprimanded.

And if there is a problem, why can't parents speak for the kids? If there is a just issue to be discussed, they can deal with it.

Sorry to offend, but if anybody wants to tally the good changes over the last 50 years with the bad changes -- or, rather, the changes that led to good things compared to those that led to bad things, the pattern will become obvious to you too. At least, in theory...

[klingon69]

scott4261;
d@mn, we agree on something...will wonders never cease?
BTW, my job doesn't drug-test, so I'll take a hit for all of you.
Long Live Timothy Leary

[kaliveotin]

Again CBS shows its pro-corporate non-objective nature. This is a "Free Speech" case, not a bong hits case, although that should be legal too. After all hundreds of much more harmfull and less helpfull drugs are pushed on the american public every day. Only in a nation based on capitalistic principles of greed and averice would a plant with so many practical helpfull and healing uses be made illegal. In this nation we worship gold rather than goodness.

[kaliveotin]

HYPNO_TOAD seems to be HYPNO_TYZED.

[kaliveotin]

Its "legal" (sold for profit- you have to buy them from our company only, and at our price) drugs, that weaken minds. Along with the right-wing corporate media they have softened the once great american spirit into a dull-witted majoritee of hatefull, bigoted, selfish, low life republicans who vote for the ultra-rich, self-ritcheous religious zealots and the war mongers, against thier own best self-interests.

[gmond]

Was this kid on school grounds at the time of the alleged offense? All the article refers to is "a school-sanctioned event". If he raised this sign off campus, the school has no legitimate right to suspend him. If he did it on school grounds, that's a different story - nothing a student does on campus is constitutionally private, the school has ultimate control. And for the record, I will do bong hits for anyone, not just Jesus.

[bildooreilly]

School districts, water districts, cities, counties, states, and the fed are hiding billions and trillions in tax payer dollars even on the local level and have been running an official double bookkeeping scheme on us since 1946. The "Budget" is just a shell game, it's like if I were making $1000 a week and telling my wife I only had $75 for our "budget" the real books are called the CAFR or "Comprehensive Annual Financial Report" I urge you all to look into this so the next time they claim that they're broke and need to raise taxes you can make them hand over the real books, the CAFR that shows all of their liquid assets, investments, etc etc etc,, it's the biggest scam ever, this is no conspiracy theory it's easily proveable by their own official documents, the CAFR(s). Spread the word....

The Comprehensive Annual Financial Report (CAFR) Exposed

http://www.nonwo.com/biggestgame/