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US student loses free speech case | US student loses free speech case |
(about 4 hours later) | |
A former high school student has lost his case in what is the US Supreme Court's first major ruling on students' free speech rights in almost 20 years. | A former high school student has lost his case in what is the US Supreme Court's first major ruling on students' free speech rights in almost 20 years. |
At issue was whether a school principal violated a student's right to free speech by suspending him for displaying a banner reading "Bong Hits 4 Jesus". | At issue was whether a school principal violated a student's right to free speech by suspending him for displaying a banner reading "Bong Hits 4 Jesus". |
Joseph Frederick unfurled the banner near to his school as the Olympic flame passed through Juneau, Alaska, in 2002. | Joseph Frederick unfurled the banner near to his school as the Olympic flame passed through Juneau, Alaska, in 2002. |
The Supreme Court justices ruled by 5-4 that his rights were not violated. | The Supreme Court justices ruled by 5-4 that his rights were not violated. |
Chief Justice John Roberts said in a written ruling that schools may prohibit student expression that can be interpreted as advocating the use of drugs. | Chief Justice John Roberts said in a written ruling that schools may prohibit student expression that can be interpreted as advocating the use of drugs. |
Mr Frederick, 18 at the time, said the words on his 14ft (4.26m) banner did not relate to drug use and were meant to be funny in an attempt to get on television. | Mr Frederick, 18 at the time, said the words on his 14ft (4.26m) banner did not relate to drug use and were meant to be funny in an attempt to get on television. |
Head teacher Deborah Morse, who destroyed Mr Frederick's banner and suspended him for 10 days, argued that the banner's message went against the school's anti-drugs policy and was unfurled during a school event to watch the flame pass. | Head teacher Deborah Morse, who destroyed Mr Frederick's banner and suspended him for 10 days, argued that the banner's message went against the school's anti-drugs policy and was unfurled during a school event to watch the flame pass. |
A bong is a type of water pipe that can be used to smoke marijuana. | A bong is a type of water pipe that can be used to smoke marijuana. |
Bush's backing | Bush's backing |
The Supreme Court's ruling has tightened limits on students' rights to free speech at school events. | The Supreme Court's ruling has tightened limits on students' rights to free speech at school events. |
Chief Justice Roberts wrote: "The message on Frederick's banner is cryptic. But Principal Morse thought the banner would be interpreted by those viewing it as promoting illegal drug use, and that interpretation is plainly a reasonable one." | Chief Justice Roberts wrote: "The message on Frederick's banner is cryptic. But Principal Morse thought the banner would be interpreted by those viewing it as promoting illegal drug use, and that interpretation is plainly a reasonable one." |
The court found that schools "may take steps to safeguard those entrusted to their care from speech that can reasonably be regarded as encouraging illegal drug use". | The court found that schools "may take steps to safeguard those entrusted to their care from speech that can reasonably be regarded as encouraging illegal drug use". |
This meant Mr Frederick's constitutional free speech rights were not violated by the confiscation of his banner and his suspension, Chief Justice Roberts concluded. | This meant Mr Frederick's constitutional free speech rights were not violated by the confiscation of his banner and his suspension, Chief Justice Roberts concluded. |
Justice John Paul Stevens was among the four justices who dissented on the ruling. | |
He wrote: "Although this case began with a silly nonsensical banner, it ends with the court inventing out of whole cloth a special First Amendment rule permitting the censorship of any student speech that mentions drugs." | |
Ms Morse and the Juneau school board were supported by the Bush administration, which wanted a broad rule that public schools do not have to tolerate speech that disrupts their basic educational mission. | Ms Morse and the Juneau school board were supported by the Bush administration, which wanted a broad rule that public schools do not have to tolerate speech that disrupts their basic educational mission. |
Vietnam precedent | Vietnam precedent |
Mr Frederick, now 23 and studying and teaching in China, was backed in the case by the American Civil Liberties Union and the American Center for Law and Justice. | Mr Frederick, now 23 and studying and teaching in China, was backed in the case by the American Civil Liberties Union and the American Center for Law and Justice. |
He was also supported by conservative groups concerned that a ruling against him could allow schools to limit students' expression of religious views, particularly on the issues of abortion and homosexuality. | He was also supported by conservative groups concerned that a ruling against him could allow schools to limit students' expression of religious views, particularly on the issues of abortion and homosexuality. |
Mr Frederick's lawyer, Douglas Mertz, argued that the court should stand by its 1969 ruling that students do not "shed their constitutional rights to freedom of speech or expression at the schoolhouse gate". | Mr Frederick's lawyer, Douglas Mertz, argued that the court should stand by its 1969 ruling that students do not "shed their constitutional rights to freedom of speech or expression at the schoolhouse gate". |
In that case, at the height of the Vietnam War, the Supreme Court decided in favour of students who wanted to wear black armbands in class to protest against the war. | In that case, at the height of the Vietnam War, the Supreme Court decided in favour of students who wanted to wear black armbands in class to protest against the war. |
But the court ruled in the late 1980s that a student did not have the right to give a sexually-suggestive speech at a school assembly and that school newspapers could be censored. | But the court ruled in the late 1980s that a student did not have the right to give a sexually-suggestive speech at a school assembly and that school newspapers could be censored. |
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