SSDP files brief, leads rally in Supreme Court case

In a brief recently filed with the Supreme Court, SSDP stood up for students’ right to speak freely about drugs and drug policy in public schools. The “Bong Hits 4 Jesus” case has made national news, sparking discussion about whether students have the right to express opinions contrary to school policy.

Juneau, Alaska high school student Joseph Frederick, 18 at the time, held up a banner reading “Bong Hits 4 Jesus” at an off-campus event (the viewing of the Olympic Torch passing by). He sued his principal and school board after receiving a 10-day suspension. Losing the case in federal district court, Frederick won his appeal to the 9th Circuit U.S. Court of Appeals. When the school board appealed that ruling, the Supreme Court accepted the case, with Whitewater special prosecutor Ken Starr representing the school district pro bono at oral arguments heard on March 19. The standard that they have asked the Supreme Court to adopt is one that would ban speech that a teacher or administrator could “reasonably glean” expresses a positive sentiment about drugs.

On March 19, 2007, the day of the oral arguments SSDP, with support from the Drug Policy Alliance, flew in high school students from across the country to rally on the Supreme Court steps in order to draw media attention to students’ free speech concerns.

The action was featured in nearly every major news outlet in the country, including photos in the Washington Post, New York Times, Philadelphia Enquirer, and a front-page picture in USA Today. The rally was also covered in news stories on CNN, MSNBC, Fox News, and dozens of local TV news affiliates, as well as Channel One News, which is broadcast in 60% of high schools nationwide.

SSDP filed its Amicus Curiae (Friend of the Court) brief on February 20, 2007. The brief argues that because students are directly impacted by drug policies, their right to speak freely about these policies must be protected. Because of the potentially far-reaching limitations on student speech that this case will decide, Frederick has also won the support of the Student Press Law Center, the American Center for Law and Justice, and the First Amendment Project.

“While this case focuses on a student who held up an absurd banner, the school district is arguing for a large exemption to free speech in public schools when it comes to drugs,” said SSDP Executive Director Kris Krane.

“Their argument is so broad that it could easily cover discussions of drug policy, marijuana regulation initiatives, and debates on student drug testing.”

To read SSDP’s brief online, go to http://www.ssdp.org/ssdp-scotus-bh4j.pdf. Videos of news stories covering the rally can be viewed at <http://www.youtube.com/ssdp>.

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