WASHINGTON – With only a 5-4 majority, the Supreme Court ruled Monday that the First Amendment does not apply to promoting illegal drug use at school.
The case concerned Joseph Frederick, a student who unfurled a banner with the words “Bong Hits 4 Jesus” outside his Alaska high school in January 2002. A crowd of students, faculty, townspeople and television crews had gathered to watch the Olympic torch relay pass in celebration of the upcoming Winter Olympic Games.
Frederick’s principal Deborah Morse proceeded to seize the banner and suspend Frederick. Frederick responded by suing Morse and the school board for violating his First Amendment rights.
In defense of the majority, Chief Justice John Roberts wrote that schools are entitled to protect students from speech that can be reasonably viewed as advocating illegal drugs.
Justice John Paul Stevens wrote for the minority, arguing that the school should not have suspended Frederick for an ambiguous drug reference. Justices David Souter and Ruth Bader Ginsburg also voted with the minority.
