Bong Hits 4 Jesus, The Supreme Court Rehash
"Free Speech v. Half Baked Lawsuit?"
When high school senior Joseph Frederick unfurled a 14-foot banner reading "BONG HiTS 4 JESUS" during a class trip, he did it to get attention -- and it worked. His "sophomoric" prank not only got him the media spotlight, it also got him an audience at the Supreme Court, in what some legal experts have called the most important free speech case in 20 years.
In yesterday's 5-to-4 ruling in Morse v. Frederick, the court held that schools have the right to censor non-disruptive student speech if it "can reasonably be regarded as encouraging illegal drug use." Writing for the majority, Chief Justice John Roberts stated that even though Frederick's message was "cryptic," teachers could reasonably determine the banner would be understood by other students as promoting recreational pot smoking. Dissenting, Justice John Paul Stevens wrote that "the Court does serious violence to the First Amendment in upholding -- indeed, lauding -- a school's decision to punish Frederick for expressing a view with which it disagreed."
So which side is right? On one hand, free speech is a sacred American right. On the other, education is a core American value, and schools must be able to limit students' speech to foster a healthy learning environment. Unfortunately, Morse v. Frederick may not be the best case for resolving this dilemma. Leaving aside the cryptic message, there is some question as to whether Frederick was even on school property.
From a free speech perspective, this case may be too limiting, and from an educational perspective, it may put too much responsibility on school administrators. As with just about every Supreme Court decision, the full impact of this decision will not become clear until it's interpreted in real-world situations.
The only winner in this matter seems to be Joseph Frederick, who (despite losing his case) achieved what most class clowns only dream of: a prank of historic proportions. He even got members of the U.S. Supreme Court talking in chambers about bong hits.
By Emil Steiner | June 26, 2007; 1:29 PM ET | Category: OFF/beat Politics
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