| Topic: |
Religions > Atheism |
| User: |
"\the bird\ the" |
| Date: |
25 Jun 2007 03:47:25 PM |
| Object: |
Student loses ruling over "Bong Hits 4 Jesus" |
Student loses ruling over "Bong Hits 4 Jesus"
Mon Jun 25, 2007 3:53PM EDT
By James Vicini
http://www.reuters.com/article/domesticNews/idUSWBT00720120070625?pageNu
mber=1
WASHINGTON (Reuters) - A divided Supreme Court on Monday curtailed
free-speech rights for students, ruling against a teenager who unfurled a
banner saying "Bong Hits 4 Jesus" because the message could be interpreted
as promoting drug use.
In its first major decision on student free-speech rights in nearly 20
years, the high court's conservative majority ruled that a high school
principal did not violate the student's rights by confiscating the banner
and suspending him.
The decision marked a continuing shift to the right by the court since
President George W. Bush appointed Chief Justice John Roberts and Justice
Samuel Alito. The court has issued a series of narrow 5-4 decisions on
divisive social issues like abortion and the death penalty.
In another decision on Monday by the same 5-4 vote, the court ruled
taxpayers cannot challenge Bush's use of government funds to finance
social programs operated by religious groups.
"Both of these First Amendment cases reflect the clear right-wing trend of
the Roberts court. Unmistakably. Both are clearly wrong," said Abner
Greene, a Fordham University law professor.
In the school case, student Joseph Frederick said the banner's language
was meant to be nonsensical and funny, a prank to get on television as the
Winter Olympic torch relay passed by the school in January 2002 in Juneau,
Alaska.
But school officials say the phrase "bong hits" refers to smoking
marijuana. Principal Deborah Morse suspended Frederick for 10 days because
she said the banner advocated or promoted illegal drug use in violation of
school policy.
The majority opinion written by Roberts agreed with Morse. He said a
principal may restrict student speech at a school event when it is
reasonably viewed as promoting illegal drug use.
Drug abuse by the nation's youth is a serious problem, Roberts said.
Liberal Justices John Paul Stevens, David Souter and Ruth Bader Ginsburg
dissented on the free-speech issue.
"Although this case began with a silly nonsensical banner, it ends with
the court inventing out of whole cloth a special First Amendment rule
permitting the censorship of any student speech that mentions drugs,"
Stevens wrote.
Justice Stephen Breyer said he would have decided the case without
reaching the free-speech issue by ruling the principal cannot be held
liable for damages.
The Bush administration supported Morse and argued that public schools do
not have to tolerate a message inconsistent with its basic educational
mission.
Kenneth Starr, the former special prosecutor who investigated former
President Bill Clinton in the Monica Lewinsky sex scandal, argued the case
for Morse and said the ruling has implications for public school districts
nationwide.
Morse said, "I am gratified that the Supreme Court has upheld the
application of our common sense policies."
The American Civil Liberties Union, which represented Frederick,
criticized the ruling for allowing censorship of student speech without
any evidence that school activities had been disrupted.
"The court's ruling imposes new restrictions on student speech rights and
creates a drug exception to the First Amendment," said Steven Shapiro, its
national legal director.
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