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US: "BONG HITS 4 JESUS" - Unbelievable US Supreme Court Case

Erik Lie-Nielsen

OpEdNews.com

Friday 08 Dec 2006

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The unbelievable "BONG HITS 4 JESUS" case began on January 24, 2002 when
Juneau, Alaska high school student Joseph Frederick unfurled a banner
with those words across the street from the school doing the Olympic
Torch Relay.

Here are the bare bones facts in the case:

1. Student was on his own time;

2. Student was across the street from the school and not on school property;

3. School board contends he was 'displaying a banner expressing positive
sentiments about illegal drug use at a school-sponsored and
faculty-supervised event taking place on and adjacent to school grounds
during school hours."

4. Banner displayed reads "Bong Hits 4 Jesus" - which may be construed
many ways, including with a stretch perhaps 'positive sentiments' about
drug use. (It's all in the interpretation and the eye of the beholder
after all, isn't it?)

5. All students were let out of school for the event;

6. Event (Olympic Torch Run) was taking place on a public street running
by the school, and not on school grounds;

7. Some students were on school grounds to witness the event, some were
across the street, and many left school and did not even attend the event;

8. School principal has admitted she was aware of prior legal decisions
concerning students' free speech rights;

9. Principle nonetheless took it upon herself to act contrary to legal
precedent in this case and 'ripped' the banner down;

10. Principal subsequently suspended student for violation of school
policy for 'promoting a drug message';

11. Although there was zero evidence of drug use, student was 'referred'
to drug interdiction program;

12. Student was arrested for 'trespass' while off school property, then
harassed by police, car towed, searched, student had to walk 3 miles
home in 10 degree weather wearing only a T-shirt, etc., etc.;

(And, here you can find an accounting of the event from the student's
viewpoint:

http://www.strike-the-root.com/3/frederick/frederick1.html)

13. Student sued the school board and the principal with help of ACLU
and lost in lower court;

14. Student appealed the case to 9th US Circuit Court of Appeals where
he prevailed on appeal;

15. The juneau district school board, dominated by religious
conservatives, appealed the Ninth US Circuit ruling to supreme court of
the US;

16. Suit was joined by at least two education associations as
'interested parties' - whose admitted interest is solely in protecting
the personal liability of educators in enforcing 'school policies'. (The
student's suit also named the principal involved.)

17. Kenneth Starr (Yes, THAT Kenneth Starr) volunteered to take the
school's side on a pro bono basis;

18. The US Supreme court has now agreed to hear the case. The case is
Morse and the Juneau School Board et al. v. Frederick (06-278).

19. Case scheduled to be heard in late February, 2007.

20. Most Juneau, Alaska high school students are now laughing their
butts off at the silliness of their school board.

Such is the danger of someone in a position of 'authority' (the
principal and the school board dominated by religious conservatives)
allowing their common sense to be overwhelmed by their dogma to the
point where they override the most basic of an individual's
constitutionally guaranteed civil rights.

But, perhaps the most absurd aspect of this story besides all the money
spent, effort wasted and purported desire to 'prevent the promotion of
drug use', is this story has had exactly the opposite effect, and in a
huge way. Several 'cannabis use' supporters have already picked up on
the story. And, of course the notoriety of having this go all the way to
the Supreme Court will shine a great big, fresh spotlight on this sorry
spectacle.

Juneau's school district enjoyed a dismal graduation rate of 65.8% for
2006, and rates for native American students were even lower at 48.4%.
Perhaps a question that well should be raised is, 'Which things may be
more important than some ridiculous school boy banner prank which winds
up as a US Supreme Court."

That dogmatic perversion often overrules everything else is well proven
in this case.
http://www.opednews.com/articles/genera_erik_lie_061206__22bong_hits_4_jesus_22_.htm

 

 

 

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