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Foolish sign thrusts serious issue of free speech into Supreme Court

There are few people who would debate the constitutionality of a banner exclaiming ‘Bong Hits 4 Jesus’ in front of the gray-haired Justices of the United States Supreme Court.

But Joseph Frederick is planning to do just that. And this is an issue the American public had better not let its eyes glaze over. It could mean a lot for freedom of speech.

In January 2002, Joseph Frederick and a group of fellow Juneau-Douglas High School students stood proudly beneath a 12-foot banner proclaiming ‘Bong Hits 4 Jesus’ as the Olympic Torch passed their school in Juneau, Alaska, on its way to Salt Lake City. They hadn’t gone to school that day, and they weren’t on school property.

With television cameras whirring and a considerable crowd gathering, the then-principal of Juneau-Douglas High School, Deborah Morse, tore the sign from Frederick in a fury. She later suspended him from school.

And James Madison rolled over in his grave.



Frederick appealed the suspension and filed a lawsuit against Morse and the Juneau School District for violating his rights to free speech.

Five years later, Frederick and his misguided sign have reached the Supreme Court.

Now, the American Civil Liberties Union, Kenneth Starr and other political bigwigs are lining up to throw in their two cents.

And grandparents across the country are all asking, ‘What’s a bong?’

As Frederick stood beneath his ridiculous banner, I wonder if he had any idea that he would one day become a poster child (no pun intended) for free speech.

‘They were just being obnoxious,’ said sophomore political science major Jenna Gansworth. ‘They didn’t even say anything significant. They just wanted to get on TV.’

Nevertheless, the fact that this prank reached the nation’s highest court is extremely meaningful. It brings up some very important questions regarding the state of our civil liberties. Americans have thought little about them in the wake of Sept. 11 and the resulting stronger government.

Assistant professor of political science Danny Hayes said in an e-mail that although free speech issues are less visible than they were in the 1960s and 1970s, the American public should pay close attention to any events involving their rights and liberties.

‘The way that courts interpret those freedoms ultimately has a tremendous impact on the rights that we as citizens possess. It should be a concern of anyone who cares about the continued functioning of a democratic society,’ said Hayes.

Since the Vietnam War era, Americans have rarely flexed their free speech and peaceful assembly muscles. We’ve left ourselves open to losing our liberties. Any athlete can tell you that you lose the muscles you don’t use.

I hope they’re still there if we need them.

It’s easy to laugh about a situation like this. But images of Jesus taking bong hits aside, this is a serious issue. What Frederick did was by no means smart, but it should be constitutionally protected, nonetheless.

A Supreme Court ruling against Frederick could be indicative of a larger shift in the government’s sentiments about our civil liberties – the precious freedoms on which our country was founded.

The pressure is on the Supreme Court. Hopefully the justices will protect our right to say what we want, no matter how stupid it is.

Meghan Overdeep is a featured columnist whose columns appear Fridays in The Daily Orange. E-mail her at meoverde@syr.edu.





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