top
US
US
Indybay
Indybay
Indybay
Regions
Indybay Regions North Coast Central Valley North Bay East Bay South Bay San Francisco Peninsula Santa Cruz IMC - Independent Media Center for the Monterey Bay Area North Coast Central Valley North Bay East Bay South Bay San Francisco Peninsula Santa Cruz IMC - Independent Media Center for the Monterey Bay Area California United States International Americas Haiti Iraq Palestine Afghanistan
Topics
Newswire
Features
From the Open-Publishing Calendar
From the Open-Publishing Newswire
Indybay Feature

ACLU Slams Supreme Court Decision in Student Free Speech Case

by ACLU (reposted)
Monday, June 25, 2007 :WASHINGTON - The American Civil Liberties Union today criticized the Supreme Court's 5-4 ruling in , which held that Alaska public school officials did not violate a student's free speech rights by punishing him for displaying a banner during a public event.
"We are disappointed by the Supreme Court's ruling, which allows the censorship of student speech without any evidence that school activities were disrupted," said Douglas K. Mertz, an ACLU cooperating attorney who argued the case before the Supreme Court.

The case arose in 2002 when Joseph Frederick, then a student at Juneau-Douglas High School in Juneau, Alaska, was suspended for 10 days for holding up a humorous sign that the principal interpreted as a pro-drug message. As the ACLU and Mertz noted, the sign caused no disruption, was displayed at the Olympic Torch Relay - a public event on public streets - and Frederick had not yet arrived at school for the day.

"The Court's ruling imposes new restrictions on student speech rights and creates a drug exception to the First Amendment," said Steven R. Shapiro, ACLU National Legal Director. "The decision purports to be narrow, and the Court rejected the most sweeping arguments for school censorship. But because the decision is based on the Court's view about the value of speech concerning drugs, it is difficult to know what its impact will be in other cases involving unpopular speech.

"The Court cannot have it both ways," Shapiro added. "Either this speech had nothing to do with drugs, which is what Joe Frederick claimed all along, or it was suppressed because school officials disagreed with the viewpoint it expressed on an issue that is very much the subject of debate in Alaska and around the country."

Frederick said that the phrase on the banner, Bong Hits 4 Jesus, "was never meant to have any substantive meaning. It was certainly not intended as a drug or religious message. I conveyed this to the principal by explaining it was intended to be funny, subjectively interpreted by the reader and most importantly an exercise of my inalienable right to free speech."

The ACLU noted that the ruling is limited to rights under federal law rather than Alaska state law, which is more protective of personal liberties.

"The fight to defend free speech will go on, both in this case and in others," Mertz said. "We are grateful for the many Alaskans and Americans who rallied to defend the First Amendment and promise our continued support for civil liberties."

The case attracted support from more than a dozen groups across the ideological spectrum, from the conservative American Center for Law and Justice, Christian Legal Society and Rutherford Institute to the Student Press Law Center, Lambda Legal Defense and Education Fund, Drug Policy Alliance and National Coalition Against Censorship.

More information on the case is online at: www.aclu.org/frederick

Read More
Add Your Comments

Comments (Hide Comments)
by Duane E. Tron
Once again the ACLU has it all wrong, The courts have traditionally upheld the principle that school authorities have the right to maintain reasonable control over student conduct, including speech, while students are under the care and control of the school. Having spent my life working with hormonally dysfunctional adolescents, I fully understand and appreciate the support of courts, at all levels, for school authoriites during the past 250 years. The courts have historically suppported the right of schools to impose standards that are not necessarily reflected throughout society. They rightfully understand that 13 and 15 year old adolescents require levels of supervivion that are not required of persons of legal age. I shudder to think that we should be required to throw open the gates of the school and allow young people the right to speak, say, act, and do whatever they please as a part of their right to free speech. If that day arrives I will pack my bags and walk out the door. I can't imagine anyone who has spent a lifetime working with young adults agreeing that we should afford them the same free speech protections that we provide adults. The very implication by the ACLU that adolescents will use reasonable and prudent judgement is ludicrous and only supported by morons who condone anarchy in the halls of institutions of learning. If schools can't apply reasonable standards of control over student behavior, and speech, education will cease and desist as we know it. No intelligent learning could take place. I have been in a few schools where the inmates are running the asylum and the same ACLU is taking schools to court for a failure to properly educate the students. They can't have it both ways. The banner the student displayed was inappropriate and I would have imposed severe penalties as did the principal of the school. I always place a blanket statement in our student handbook that indicates that the school reserves the right to ban any public displays, or expressions, that demean the school and students, and or detract from the education of students. This includes any shirts, posters, symbols, or signs, that display any item, or product, such as alcohol, drugs, illegal drugs, profanity, libel another; that is offensive to a majority of the students, or the community, and in anyway disrupts the decorum of the school. Being a historian I assure any ACLU member that the "Founding Fathers" never intended for teenagers to have full privileges of free speech without any limitations or restraints! For those of us who know the meaning of the term "BONG," we know that it is a drug phrase and in my handbook that is unacceptable student conduct. It transcends "freedom of speech" and falls under the classification of what is reasonable and prudent. The sign was neither reasonable nor prudent! It crossed the line and school authorities operate under "common law" principles called, "en loco parentis," which means we are the parents in the absence of the parents. I want to thank the Supreme Court for recognizing this age old principle of law and upholding it. If the day comes that the courts allow students the freedom to do and say anything they please, while at school, I hope the courts order the ACLU to go into the schools and try and teach students. Note I said, "try!"
We are 100% volunteer and depend on your participation to sustain our efforts!

Donate

$215.00 donated
in the past month

Get Involved

If you'd like to help with maintaining or developing the website, contact us.

Publish

Publish your stories and upcoming events on Indybay.

IMC Network