High Court to hear Bong Hits 4 Jesus case

[Adam]

www.opednews.com/articles/genera_erik_lie_061206__22bong_hits_December 7, 2006 at 23:21:12

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

by Erik Lie-Nielsen



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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:

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.



semperfidelisrus.blogspot.com/

Topically aware, politically interested, gnarly, opinonated old goat who values the principles our country was founded upon!4_jesus_22_.htm

[Adam]

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


Joe's Story

by Joe Frederick

My name is Joe Frederick and I graduated from Juneau-Douglas High School , class of 2002. I accumulated sufficient credits to graduate as a junior, but my father thought it best not to rush off to college, but to enjoy my senior year by taking physics, a couple of fun classes, and playing high school soccer. This is a story of a high school senior who refused to bow down in submission before an authority, the Juneau-Douglas High School administration, and made a simple assertion that high school students have individual rights too, and the high school administration have a responsibility to respect each student’s individual rights.

During my senior year I would give my girlfriend, Makana, a ride to and from school. Since I did not have a full schedule, I would sit in the student commons area and read a book waiting for Makana’s last class to end. One day as I sat reading The Stranger by Albert Camus, Vice Principal Staley approached and wanted to know what I was doing in the student commons area. I explained that I did not have any class but was waiting on my girlfriend’s last class to end because I gave her a ride to and from school. Vice Principal Staley stated that if I did not have a class, then I needed to leave campus and wait for my girlfriend off of campus because students were not allowed to be in the commons area without school supervision. I informed Vice Principal Staley that I was a senior at the high school and it was ridiculous that I could not sit on school grounds reading a book waiting on my girlfriend. Mr. Staley ordered me off campus, but I refused stating: “I am a student here and I have a right to sit and read a book and wait on my girlfriend.” Mr. Staley called the Juneau Police Department, and two officers advised I would be arrested for trespass if I did not leave immediately. I advised I would leave but did not understand how a student could be arrested for reading a book at a high school he attended. I was aware of other injustices done to students, but paid it no mind since it did not involve me personally. This time I was involved and this was the start of an escalation of abuse of power versus student rights. Martin Luther King was correct in asserting: “An injustice anywhere is a threat to justice everywhere.”

The next day at school, I turned my chair around with my back to the flag and sat during the pledge of allegiance. This was my symbolic protest against a school administration that clearly lacked common sense and abused its power to retaliate against anyone who dared question their authority. The high school contacted my father and advised they were going to suspend me for ten days for turning my back on the flag and refusing to say the pledge after instructed to do so. My father came to the school, listened to my reason as to why I was protesting, and then advised the Vice Principal that “You nor I may agree with either the reason or method of Joseph’s protest, but it is constitutionally protected speech, and I will appeal any decision to suspend Joseph for ten days because he refused to say the pledge of allegiance.” The Vice Principal advised he would make a decision on the suspension by that afternoon. My father was contacted and advised there would be no suspension, but the details of Joseph’s refusal to say the pledge would be in his high school record.

I had taken an American Justice class as a junior, and the class covered the Bill of Rights and all of its afforded protections, rights, and privileges. I decided to devise a plan that would clearly be constitutionally protected speech and speech that would be funny and at the same time embarrass the high school administration. My friends and I brainstormed but could not arrive at a verse that we all agreed upon. One day while snowboarding at Eagle Crest, my girlfriend pointed out a sticker on a snowboard that read: “Bong Hits For Jesus.” This was the protected speech and parody that was perfect for the planned free speech experiment. We would unfurl this banner on private property and across the street from the high school during the running of the Olympic Torch, which was being covered by CNN. My friends and I joked about the message, saying it meant, “Bring on national games--head into town for Jesus.” I insisted the sign was funny and really did not have a meaning, and it was a parody and could be subjectively interpreted to mean whatever anyone wants it to mean. The high school was not an official sponsor of the running of the Olympic Torch, therefore being a school sponsored activity was not a concern, especially since it was going to be done off of school property. I believed I had thought all aspects out so that this demonstration of student free speech rights would protect all from any school administration repercussions. I did not plan on petty retaliations by professional educators. Voltaire was quite correct in his warning: “It is extremely dangerous to be right if the government or one of its institutions are wrong.”

The day of the running of the Olympic Torch, students were let out of class to go watch the running of the Torch. Some students stayed at school to watch while others left campus and went to McDonald’s and other places. My car was stuck in the snow that morning, so I arrived late and had not been on school property that morning. Across the street both students and non students stood waiting for the Olympic Torch to pass so that we could unfurl the banner reading “Bong Hits For Jesus” in front of the entire nation since it was being filmed by CNN. We did exactly as was planned. The banner was unfurled in front of CNN News with the passing of the Olympic Torch. The High School Principal, Ms. Deb Morse, came running across the street and all ran away with the exception of myself and my friend Ryan. Ms. Morse jerked the banner from my hand and I asked, “What about my First Amendment rights of free speech?” Ms. Morse replied, “High school students do not have free speech. You and Ryan come to my office.” Ryan and I complied and went to Ms. Morse’s office. At the Principal’s office, I inquired about our constitutional rights, and Ms. Morse stated, “High school students do not have constitutional rights, and you are under school authority from the time you walk out your door to go to school until you return home.” Ms. Morse then stated, “Joseph, Ryan, you are both suspended for five days.” I then spoke up and said, “Ms. Morse, Thomas Jefferson said, ‘speech limited is speech lost’ and Voltaire said, ‘you may not agree with the message but you should defend my right to think it, speak it , and write it.’” Ms. Morse spoke up and said, “Joseph, you just earned yourself an additional five days suspension.”

At the time of the suspension, Ryan and I were given no trespass instructions, and were provided with a schematic drawing of school properties we were prohibited from entering. I went home immediately and wrote the ACLU a letter about what occurred. I viewed it as a clear violation of the First Amendment. Meanwhile, I had no idea the high school was asserting the banner message was promoting drug use to students, which was absolutely ludicrous and ridiculous.

I looked at the schematic drawings of school properties, and the Juneau Borough Agusta Brown pool was clearly outside school property. In addition, the School District policy for violation of a trespass while on suspension is clear: It states the student will be given one additional day suspension for each trespass violation while on suspension. I would come to pick up my girlfriend after school, and if I arrived a few minutes early, I would park at the Agusta Brown pool while waiting, because the schematic drawing showed it clearly to be off of school property.

One day while parked at the pool--clearly not on school property--waiting for my girlfriend, and not realizing the school called the police and insisted I be arrested for trespass in clear violation of the high school and the school district’s own policies, six Juneau police officers converged on my car and stated they were arresting me for trespass and impounding my car. I attempted several times to have the officers look at the schematic provided by the school so they would see I was not trespassing, but they refused to look at it. Although my car was legally parked, the officers refused to allow a licensed driver to take my car home and interfered with my girlfriend and prevented her from calling my dad to come and get the vehicle. I was taken to jail and my car was impounded. A search warrant obtained hours after my arrest and vehicle seizure stated they believed they would find large amounts of cash on my person obtained from illegal drug transactions, and large amounts of drugs in my car. When I was booked for trespass, I had all of 15 cents on my person. I was released wearing only a T-shirt because my jacket was in the car, and without enough money to make a phone call, I had to walk approximately three miles home in 10 degree temperature. Meanwhile, my car was torn apart, ruining my electrical door and windows. The only thing found was a straw that was in a Taco Bell cup that the police listed as drug paraphernalia.

In the meantime, my employer, Field Construction, saw my car being towed and stopped the tow truck driver to find out what was going on with my car. The tow truck driver told my employer he was taking the car to impound and the police told him the car belonged to a drug dealer that will be going away for a very long time. My employer became upset and called my father about the incident. In order to make a long story short, all trespass charges were dropped and no drug charges were made as a result of tearing my car apart. I had embarrassed the high school, so rather than follow their own policies regarding trespass, the high school informed the Juneau police I was a drug dealer with lots of cash and drugs in my car and insisted I be arrested for trespass, all because of the free speech experiment banner that read, “Bong Hits For Jesus,” which the high school interpreted as advocating drug use.

When I returned to school, I was pulled out of my first period class and told to go to the Vice Principal’s office. There I was introduced to an outside drug interdiction official, who said, “Joseph, I am here to help you with your drug addiction.” I looked at the Vice Principal and the drug officer and said, “I do not have a drug problem, I do not use illegal drugs, and who is saying that I am?” The drug interdiction officer said: “Your high school says you have a drug problem.” I looked at both of them and walked away in total disgust. My father made me take drug screen tests for four straight months, all were negative, and the only apology I ever received came from my father, who said he was sorry for doubting me but wanted to make absolutely certain I was not into drugs.

Being suspended for 10 days denied my right to an education by missing 10 straight physics lectures, and the suspension was clearly in violation of my First Amendment rights of freedom of speech.

The final lesson I learned is how easy it is for professional educators to lie. After the ACLU became involved, the Juneau-Douglas High School administration started rewriting history and making up lies regarding the events that occurred, but it was all caught and detailed by the excellent ACLU Attorney, Douglas K. Mertz.

At the end of the school year, I was called into Principal Deb Morse’s office, and ridiculed over the inappropriateness of a poem I had written that was published in the Juneau-Douglas High School 2002 year book. Ms. Morse was livid, and stated the poem should have been censored, and told me I was suspended for the remainder of the day. I went home very pleased that day, knowing how upset Ms. Morse was over being too late to censor my poem from the year book. The poem that Principal Morse would have liked to censor is as follows:

by: joseph frederick , class of 2002

civilization is the name

don’t run away don’t you dare

civilization is taking us there

upon us rests total blame

an unstoppable force

consuming everything within its course

because of you none are free

we are all part of your society

all will join but some will be lost

just add it up as another cost

in the end what will you be

just one huge freedomless controlled entity

the past is done

the time has come

to take the final stand

piss into the wind

of illusionary sin

release chaos into the land

ecstasies call

governments must fall

civilization awaits our move

no time to stall

lets tear down the walls

and let the chaos soothe

we all die

it is just a matter of time

no reason to try

to live past a prime

achieve your glory

fast and free

live the story

of anarchy

One may ask, looking back at the retaliation of a vindictive, abusive, high school authority, was it truly worth it to assert your rights as a student? I have since found that the constitutional violations of student rights occur far too frequently, and the schools utilize Zero Tolerance policies to veil and cloak their abuse of authority and total disrespect for student rights. In the words of Albert Camus, “I would rather die on my feet than live my life on my knees in submission to an unjust authority.”

I am now living and attending college in Texas . My First Amendment case is now in front of the Ninth Circuit Court of Appeals. Anyone wanting a copy of the legal brief may contact me at [e-mail]

[grasshopa]

Scary what we're teaching today's youth. "Sit down, shut up or you'll get it"

[Adam]

On Wednesday Students for Sensible Drug Policy officially took action to defend students' rights in a brief filed in the most important Supreme Court case ever to deal with student free speech about drugs and drug policy. SSDP filed an Amicus Curiae (Friend of the Court) brief in the Supreme Court case of Morse v Frederick, better known as the "Bong Hits 4 Jesus" case. Read the brief at www.ssdp.org/ssdp-scotus-bh4j.pdf

This case has made national news, sparking discussion about whether students have the right to express opinions contrary to school policy. High school student Joseph Frederick, 18 at the time, held up a banner reading "Bong Hits 4 Jesus" at a school-sanctioned, off-campus event (the viewing of an Olympic Torch parade). He sued his principal and school board after receiving a 10-day suspension. Losing the case in federal district court, Frederick won his appeal to the 9th Circuit U.S. Court of Appeals. When his school board appealed that ruling, the Supreme Court accepted the case.

While this case started out with a student being punished for displaying an absurd banner, the potential consequences of the Supreme Court's decision are far from a laughing matter. The school district, represented pro bono by Whitewater special prosecutor Ken Starr, is arguing for a blanket prohibition on any student speech about drugs. They argue that schools should be able to ban speech that is "inconsistent with the mission of the school to promote healthy lifestyles (including at every turn to combat substance abuse)." If the Supreme Court adopts this standard, principals could legally prevent students from forming SSDP chapters at their high schools!

This restrictive standard would also mean that students could be punished for openly debating their school's random drug testing policies, challenging the effectiveness of D.A.R.E., or speaking out against random locker searches. Whatever you think of the effectiveness of these programs, it is essential that students have the right to debate the merits of policies that directly impact their lives.

The school district also argues that schools should have the right to punish student speech that an administrator could "reasonably glean … exposes a positive sentiment" about drugs. Under this standard, students could be punished for supporting a decriminalization voter initiative, advocating for medical marijuana laws, or even talking about how marijuana has helped a relative suffering from cancer.

SSDP filed a brief because this case because we know that the ability of students to discuss drug policy issues is vitally important. However, filing a Supreme Court brief is expensive for a small non-profit such as ours. Our printing and filing fees for this brief will cost up to $1,500. We are willing to take this money out of our budget because of the importance of this case, but are asking our supporters to help offset the cost by making a generous contribution to SSDP today at www.ssdp.org/donate/

I hope you will take the time to read SSDP's amicus brief in this important Supreme Court case. Thank you for your enduring support.

Sincerely,

Kris Krane
Executive Director
SSDP