cannabisnews.com: 'Bong' Decision a Wise One 'Bong' Decision a Wise One Posted by CN Staff on June 27, 2007 at 06:44:55 PT By Claude Lewis Source: Philadelphia Inquirer Washington, DC -- Among a slew of late-term U.S. Supreme Court decisions, there was at least one with which I found myself in agreement. In the case Morse v. Frederick, an Alaska high school principal had decided to bar student Joseph Frederick from school for 10 days for waving a 14-foot banner emblazoned with this enigmatic message: "Bong Hits 4 Jesus." Frederick had unfurled the banner as the Olympic Torch passed through Juneau in 2002. In a 5-4 decision, the court wisely ruled that the student's free-speech rights under the First Amendment had not been violated. While Frederick insisted the banner was just a prank and was about nothing, the principal, Deborah Morse, disagreed. She felt the message celebrated or promoted illegal drug use. Even though the display had not taken place on school grounds, it was at a school-sponsored event, since the torch was carried through Juneau en route to the 2002 Winter Games in Salt Lake City.Morse had earlier been found liable for damages by a federal appeals court for violating Frederick's First Amendment rights.The question that deeply split the Supreme Court was how much weight should be given to public schools in regard to free speech. In his majority decision, Chief Justice John G. Roberts Jr. wrote that the principal's reaction to the banner had been a reasonable one that did not violate the Constitution. While the banner may have been "gibberish," Roberts wrote, it was reasonable for the principal, who "had to decide to act - or not act - on the spot," to determine both that it promoted illegal drug use and that "failing to act would send a powerful message to the students in her charge, including Frederick, about how serious the school was about the dangers of illegal drug use."The chief justice further wrote that "the Amendment does not require schools to tolerate at school events student expression that contributes to those dangers."It may come as a surprise to some, but in many cases, the law has decided, again and again, that children do not have full rights under the Constitution. That means they do not have full First Amendment protection. The traditional reasoning - and it makes excellent sense - is that since children are young and relatively immature, they lack the ability to make fully aware decisions on their own behalf. It's actually an issue of fairness: Since children cannot make fully cognizant decisions, they cannot be held to be fully responsible, or fully free under the Constitution. Because of this, some older and wiser heads must intervene on their behalf and make thoughtful judgments.By the same token, this week's ruling on free speech in public schools should not be viewed as a broad clamp-down on the rights of students. Roberts made clear that the decision was meant to apply to issues such as illegal drug use and other dangerous or potentially harmful matters. Other, less-incendiary issues should be weighed on their own merits. It is not arguable that students, simply because they are young, have no free-speech rights whatsoever. Quite the contrary. All Americans do have some First Amendment rights. But care must be taken to protect the immature from themselves.Rarely do I find myself siding with Justice Clarence Thomas, who wrote in support of the overturning of the lower court's free-speech ruling. In this case, though, I do. Justice Thomas, with unaccustomed clarity, argued: "In light of the history of American public education, it cannot seriously be suggested that the First Amendment freedom of speech encompasses a student's right to speak in public schools." The court's precedents had become incoherent, he said, adding, "I am afraid that our jurisprudence now says that students have a right to speak in school except when they don't."There must come a time in this country when we decide that particular dangers must be harnessed and controlled in order to protect our citizens. One of these dangers is illicit drug use, and we must find a way to end this scourge. That extends even to seemingly playful exhortations to such acts.Every day in America, children perish from abusing drugs, and there is no end in sight. Anyone who promotes or encourages illicit drug use must be dissuaded or (as in this case) prevented within the law. Certainly, it must not be permitted at any school. Whether Frederick intended to encourage drug abuse with his little prank is not the question. The question is what we, as Americans, are going to do to reduce the prevalence of such behavior. The issue, in other words, goes beyond free speech. Principal Morse did the right thing, and the Supreme Court reached the right decision in defending her.Claude Lewis is a longtime Philadelphia journalist.Note: The school principal and the high court did the right thing. Every day, children die from illegal drugs - an issue far beyond free speech.Source: Philadelphia Inquirer (PA)Author: Claude LewisPublished: June 27, 2007Copyright: 2007 Philadelphia Newspapers Inc.Contact: Inquirer.Letters phillynews.comWebsite: http://www.philly.com/mld/inquirer/Related Articles: Justice Stevens Calls On History He Livedhttp://cannabisnews.com/news/thread23128.shtmlA Less-Than-Banner Rulinghttp://cannabisnews.com/news/thread23127.shtmlFreedom of Expression Takes a Bong Hithttp://cannabisnews.com/news/thread23126.shtml Home Comment Email Register Recent Comments Help Comment #9 posted by dongenero on June 28, 2007 at 07:12:47 PT OverwhelmSam #4 Great comment O'Sam! [ Post Comment ] Comment #8 posted by Wayne on June 27, 2007 at 18:37:30 PT Re: whig #5 No whig, I think he was aware that Mr. Frederick was 18. He just chose to treat him like a child anyway, despite the fact that he was of age.If that sounds at all familiar, it should. [ Post Comment ] Comment #7 posted by whig on June 27, 2007 at 16:58:39 PT OT... I've started talking about MDMA for PTSD, something the returning soldiers are going to need. [ Post Comment ] Comment #6 posted by whig on June 27, 2007 at 16:55:16 PT OverwhelmSam Yes, I am now being listened to by people who have the ability to make it be so. Cannabis prohibition is ending. [ Post Comment ] Comment #5 posted by whig on June 27, 2007 at 16:53:52 PT Idiot This writer apparently fails to recognize that Joe Frederick was 18 years old.He has no idea what he's talking about. [ Post Comment ] Comment #4 posted by OverwhelmSam on June 27, 2007 at 14:52:22 PT A Time To Kill The Drug War They are modest, intelligent, efficient and persistent. Interesting to note that stoners have become extensively networked around the globe. Networks like Cannabis News and Cannabis Culture are commonplace. Cannabis Consumers have changed vastly from their relative freedom of experimenting with marijuana in youth. It has become a quality of life standard much like someone having a cigar or glass of brandy. The people who want to keep it illegal are seen simply as hypocrites.We have morphed into something much more powerful. Powerful enough, to instruct governments around the world to be compassionate toward their people. [ Post Comment ] Comment #3 posted by museman on June 27, 2007 at 09:31:21 PT failure "failing to act would send a powerful message to the students in her charge, including Frederick, about how serious the school was about the dangers of illegal drug use."But sending the message that untruth, and abuse of power, and obscuring the real dangers of a society gone mad under the false banners of 'liberty and freedom' is just fine?"There must come a time in this country when we decide that particular dangers must be harnessed and controlled in order to protect our citizens. One of these dangers is illicit drug use, and we must find a way to end this scourge."Please, protect your own house from the falsehoods you puke up, and leave the rest of us alone. You my dear Clod ARE THE SCOURGE! We must find a way to end the BS doctrine that produced you! [ Post Comment ] Comment #2 posted by FoM on June 27, 2007 at 09:16:51 PT Off Topic: New Poll New Poll Gives Reason to be Optimistic for the FutureJune 27, 2007Excerpt: The younger population was also more progressive on gay marriage, and 58% believed that "possession of small amounts of marijuana should not be treated as a criminal offense."Complete Article: http://scienceblogs.com/scientificactivist/2007/06/new_poll_gives_reason_to_be_op.php [ Post Comment ] Comment #1 posted by FoM on June 27, 2007 at 07:49:19 PT Off Topic: US News & World Report How the CIA Turned to Mobsters in an Effort to Kill Fidel CastroJune 27, 2007http://www.usnews.com/usnews/news/articles/070627/27mafia.htm [ Post Comment ] Post Comment