Is this Free Speech???

[outlaw2001it]

Hello,
I'm not sure if anybody as heard anything about this, but a high school student decided to display the banner "Bong Hits For Jesus" at a school-sanctioned event to watch the Olympic torch pass through the city on its way to the 2002 Winter Games in Salt Lake City. He saying that it's Free Speech, I say if you're promoting marijuana (or anything to do with it, or any other drug) it's no longer free speech since marijuana is illegal, and "Drugs are Bad" especially at a school sponsored event. The Supreme Court is going to hear the case, and decide what to do. You can read the article here. http://www.foxnews.com/story/0,2933,259524,00.html

[Gomer]

My understanding of the situation:

1. It was only "school sanctioned" inasmuch as they let school out so that kids could attend.

2. The kid did not attend school the day this occurred, so even if this was a "school sanctioned" event, he was not part of it.

3. He was standing on public property while he did this, not any property belonging to the school.

That being said, I hope the school pays!

[Epidemic]

Agree with gomer.


I will add from my own opinion. In school you are not guaranteed unabriged free speech rights. but in the case above I must say the school has little say in the process unless it was school shaparoned and the school was in charge of the event.

[Pexster]

I predict that the Court will rule against the student. Students don't tend to prevail in these kinds of things. IMO, the burden should be on the school to demonstrate that their educational mission was disrupted. Schools tend to make broad, sweeping claims in this area, and rarely have to prove them. My 2c.

[sharder8]

Quote:

Originally Posted by Pexster

I predict that the Court will rule against the student. Students don't tend to prevail in these kinds of things. IMO, the burden should be on the school to demonstrate that their educational mission was disrupted. Schools tend to make broad, sweeping claims in this area, and rarely have to prove them. My 2c.

I'm going to go along with Pex on this one . . .

And for the reasons he stated.

It's extremely rare when the student wins, and even when the student wins, they usually lose in the long run.

Harder

[Theophylact]

Quote:

Originally Posted by outlaw2001it

I say if you're promoting marijuana (or anything to do with it, or any other drug) it's no longer free speech since marijuana is illegal, and "Drugs are Bad"

On that basis one could never argue peacefully for a change in the law.

[Beemer]

I think you're all underestimating the implication this case will have on freedom of speech if the school gets there way. It seems that that is big concern from many interested parties. Check out the Brief's submitted and by whom, on the link below.
http://www.lawmemo.com/sct/06/Morse/

This case reminds me of my father telling me that back in his school days if you were caught smoking off school grounds even if after school, you could be suspended or made to serve detention. This seems to be the same thing happening.

The school board won't be the decision makers in this one.

I'll have to disagree with you sharder. There have been many cases in recent years where students are winning cases where their civil rights are being recognised by the courts. Students don't leave their rights at the door of the school when they enter now a days.

[-FMA]

Fair or not, I see students rights stripped away once they enter school property. And regardless of if they're breaking a rule or not, punishment has been given. Although you don't lose as many rights when you're not in school, students still don't retain all of their rights.

We've had students punished for what they've done over the summer.

[BBA]

He was not on school property, freedom of speach will prevail.

On school property...totally different story.

[Pexster]

I have to take this opportunity to say that I hope your right.