NICOLE ALBERTSON
Staff Writer
Score a victory for Pepperdine School of Law Dean Kenneth Starr.
After five years of court debating, the Supreme Court came to a final decision on Monday ruling 5-4 against a Juneau- Douglas High School student’s “Bong Hits 4 Jesus” banner. The decision has sparked concern about the future of free speech protections for high school students.
Starr represented the Juneau School District pro bono, which had suspended student Joseph Frederick for displaying the banner, and petitioned the U.S. Supreme Court to take up Alaska’s “Bong Hits for Jesus” case. Starr filed the petition in response to a March ruling by the 9th U.S. Circuit Court of Appeals, according to the Associated Press. The prior ruling was in favor of the student’s freedom of speech, allowing him to display his desired message.
In 2002, high school student Frederick held up a 14-foot paper banner reading “Bong Hits for Jesus” when his school was let out of session to witness the Olympic torch pass through Juneau, Alaska. Controversy stirred when the principal decided that the banner’s message seemed to promote illegal drug use. Frederick was suspended by school principle Deborah Morse directly after the incident. She claimed Frederick was still participating in a school activity, since the students were escorted by faculty members to witness the torch pass by.
The original ruling from March of 2007 sided against Principle Morse and claimed that she “violated former student Joseph Frederick’s free speech rights,” according to the Associated Press.
Frederick’s attorney Doug Mertz said that “the principle’s actions were so outrageous” because the Frederick’s message was not damaging to the school’s reputation, according to the Associated Press.
The latest ruling made on Monday sided with Starr’s clients, the Juneau School District. Principle Morse said that Frederick’s banner was a pro-drug phrase meant to promote illegal drug use. Frederick denies that his message was aimed towards illegal drug use; rather it was to be a joke.
“I find it absurdly funny,” Frederick said according to CNN. “I was not promoting drugs… I assumed most people would take it as a joke.”
Frederick did admit that his message was meant to stir up controversy over a student’s speech rights with Principle Morse, but not over illegal drug use. According to the Associated Press, Frederick has had conflicts with Principle Morse prior to the “Bong Hits 4 Jesus” incident.
06-28-2007