At-a-glance

The Supreme Court Building, in it the United States highest court, a court that will ultimately decided if Frederick's actions are protected by the Constitution. A decision that will make the history books. (Image: GNU Free Licensing Agreement) -
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If asked “What is the first amendment in the Bill of Rights?” most history students would be able to tell you that it would be the American right to freedom of speech, well, that right is about to be put to the test.

The situation began in 2002 when an Alaskan native, Joseph Frederick, attended a school sponsored function, to watch the Olympic torch pass by his city of Juneau, Alaska. However, rather than watch, Frederick and his friends unfurled a banner that read “Bong Hits 4 Jesus.” The principal of their school, Deborah Morse, then promptly removed their sign.

Frederick was then suspended due to the fact that his sign violated the school's anti-drug policy and failing to give the names of those involved. In response he sued Morse and the School Board in the United States District Court of Appeals. The district court ruled in favor of Morse, however the Ninth Circuit Court of Appeals gave the case back to Fredrick. The United States Supreme Court then agreed to hear the case on December 2006, with oral arguments beginning on March 19, 2007.

This has not been the first test of student speech, history students should remember the landmark case of Tinker v. Des Moines which first protected free speech through simple black armbands. And Hazelwood v. Kuhlmeir which gave regulations on public school newspapers. However unlike Hazelwood v. Kuhlmeir, Frederick was not acting under the public school umbrella and as such functions as an individual student. Thus making his case all the more interesting.

This case is extremely important; it once again brings attention to attacks made on free speech and more relevantly, student speech. The phrase “Bong Hits 4 Jesus” is a nonsensical statement. The fact that it was used in an Olympic torch ceremony, an event that has little to do with recreational drugs or Jesus, only adds to its harmlessness. Thus the only crime Frederick committed is having a provoking sign. His actions, while entirely juvenile, are protected by the Constitution.

Therefore, the burden rests on the Supreme Court to see this case for what it is: not a affront to religion, but rather a testament to speech and liberty. That underneath the silliness of bongs and religious references lies the important right for a student to say what needs to be said. This is a right protected by the Constitution which should also be protected by the Supreme Court.

What is certain is that the decision that emerges will set a dramatic precedent. History will be made.

The case was presented to the United States Supreme Court on March 19, 2007 and is still awaiting decision.

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The Beckman Chronicle Beckman High School Irvine, CA
Issue Date: Tuesday, May 14, 2013 Issue: Volume 7, Edition 13 Last Update: Wednesday, May 22, 2013
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