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'Bong hits' not allowed in high school

5-4 decision imposes limits on freedom of speech

By: Dave Pearson, State & National Editor

Issue date: 6/28/07 Section: State & National
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The latest chapter in the saga of how far the protections of the First Amendment reach in public schools was written Monday.

The Supreme Court voted 5-4 in favor of the Juneau, Alaska, high-school principal who suspended a student in 2002 for displaying a banner which read "Bong hits 4 Jesus" at an Olympic Torch parade.

Chief Justice John G. Roberts Jr. cited the danger of promoting dangerous activities such as drug use and said the school was justified in its actions.

"The First Amendment does not require schools to tolerate at school events student expression that contributes to those dangers," Roberts said.

The Supreme Court's decision in Morse v. Frederick drew criticism from groups such as the American Civil Liberties Union, as well as reactions from those on campus.

"To me the bottom line is that the Supreme Court has shown an increased willingness to grant schools greater power to restrict student expression in order to maintain school operations," said Ruth Walden, associate dean for graduate studies at the University's School of Journalism and Mass Communication.

"And it's not terribly surprising to see the entire society crack down on and give school administrators greater power to control students."

Walden said she sees the reference made to drug use as a cover for other motives and said the public has been willing to accept restrictions on civil rights in order to be more secure.

Justices Samuel Alito and Anthony Kennedy wrote that the court's decision was targeted at only restricting speech in public schools when it promoted the use of illegal drugs.

Walden said the country is experiencing "an increasingly conservative federal judiciary that is less concerned with protecting civil rights than it is with maintaining order."

Walden also said University students had little chance of being restricted as a result of the ruling. She said the Supreme Court has always distinguished between high schools and colleges.
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