College Happenings

Yeah for our First Amendment!

SAN FRANCISCO (Reuters) - An Alaska high school violated a student’s
free
speech rights by suspending him after he unfurled a banner reading
“Bong
Hits 4 Jesus” across the street from the school, a federal court ruled
on
Friday.

Joseph Frederick, a student at Juneau-Douglas High School in Alaska,
displayed the banner — which refers to smoking marijuana — in January
2002
to try to get on television as the Olympic torch relay was passing the
school.

Principal Deborah Morse seized the banner and suspended the 18-year-old
for
10 days, saying he had undermined the school’s educational mission and
anti-drug stance.

Friday’s ruling by the U.S. 9th Circuit Court of Appeals in San
Francisco
overturned a decision by a federal court in Alaska that backed
Frederick’s
suspension and said his rights were not violated.

The appeals court said the banner was protected speech because it did
not
disrupt school activity and was displayed off school grounds during a
non-curricular activity.

“Public schools are instrumentalities of government, and government is
not
entitled to suppress speech that undermines whatever missions it
defines for
itself,” Judge Andrew Kleinfeld wrote in the court’s opinion.

The court also cleared the way for Frederick to seek damages, saying
Morse
was aware of relevant case law and should have known her actions
violated
his rights.