High court takes 'Bong Hits for Jesus' case

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http://www.cnn.com/2006/LAW/12/01/sc...its/index.html

WASHINGTON (CNN) -- The Supreme Court entered into a free-speech dispute Friday involving a high school student suspended over a "Bong Hits 4 Jesus" banner.

The justices accepted an appeal from a school board in Juneau, Alaska, after a federal appeals court allowed a lawsuit by the family of Joseph Frederick to proceed.

Frederick was suspended in 2002 after he unfurled the 14-foot-long banner -- a reference to marijuana use -- just outside school grounds as the Olympic torch relay moved through the Alaskan capital headed for the Winter Games in Salt Lake City, Utah.

"Bong," as noted in the appeal filed with the justices, "is a slang term for drug paraphernalia."

Even though Frederick was standing on a public sidewalk, school officials argue that he and other students were participating in a school-sponsored event. They had been let out of classes and were accompanied by their teachers.

Principal Deborah Morse ordered the 18-year-old senior to take down the sign, but he refused. That led to a 10-day suspension for violating a school policy by promoting illegal drug use.

He filed suit, saying his First Amendment rights were infringed upon. The 9th U.S. Circuit Court of Appeals in San Francisco, California, agreed, concluding the school could not show Frederick had disrupted the school's educational mission by showing a banner off campus.

A three-judge panel of the appeals court relied on the Supreme Court's famous 1969 "Tinker" case, in which two Iowa high students were allowed to continue wearing anti-Vietnam War armbands.

But the justices in other appeals involving free speech have ruled against students' ability to give sexually suggestive speech, and in favor of a school's right to restrict what is published in student newspapers.

Attorney Kenneth Starr, the former Whitewater prosecutor who investigated President Clinton's relationship with White House intern Monica Lewinsky, is representing the school board.

Starr, who is now dean of the law school at Pepperdine University in Malibu, California, urged the high court in his appeal brief to clear up the "doctrinal fog infecting student speech jurisprudence."

According to an Associated Press report, Starr is handling the case free of charge.

The case will test school's ability to regulate speech on illegal drugs, particularly when it is done off school grounds.

The appeal will likely be argued in late February, with a ruling expected by late June.

The case is Morse and the Juneau School Board et al. v. Frederick (06-278).