The Supreme Court ruled against a student who claimed he had a constitutional right to display a 14-foot-long "Bong Hits 4 Jesus" banner.
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In a 5-4 decision today it was ruled schools may prohibit student expression that can be interpreted as advocating drug use, Chief Justice John Roberts wrote.
The student, Joseph Frederick, displayed his homemade sign in the winter of 2002 as the Olympic torch was carried through Juneau, Alaska, en route to the Winter Olympics in Salt Lake City.
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Frederick said the message on the banner was nonsensical and he had originally seen it on a snowboard. He used the banner to celebrate his ability to say anything at all, denying that he was advocating drug use.
Deborah Morse, Frederick's principal, said that the message was pro-drug and had no place at a school-sanctioned event.
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"The message on Frederick's banner is cryptic," Roberts said. "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."
Morse suspended the student, which prompted the federal civil rights lawsuit.
The Supreme Court's ruling affirmed a previous Vietnam-era ruling that said students in public schools do not have the same rights as adults, but they also don't leave their constitutional rights when entering the school.
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The court has determined that students have no right to be lewd, disruptive or in anyway interfere with a school's main goal, to educate.
Brad Dacus, president of the Pacific Justice Institute, told WND the court "prudently came down with a very narrow decision on the issue of student free-speech rights."
"The concurring opinion went out of its way to say this decision in no way hinders the free-speech rights of students to make comments on political, social or religious issues which may be in disagreement with the school," he said.
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Dacus called it a "win for parents and those opposed to illegal drug usage and a victory for affirming the rights of students to stand up to political correctness or other pressing challenges."
Dacus acknowledge the court could have given a broader blanket of discretion on what constitutes a substantial disruption to the education of students, "but the court said schools shouldn't think for one minute they can limit expression of belief" that conflicts with their position.
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