Alaska

Ken Starr to fight Free Speech in AK

Rather than try to explain the entire case, which the article at CNN does so well already, I’ll summarize:

In 2002, Joseph Frederick, a Juneau, AK senior was suspended for displaying a banner reading “Bong Hits 4 Jesus” on a public sidewalk outside the school. School officials suspended him because, in their argument, it was a school function, since the students had been let out of class to watch the Olympic torch go by, and were accompanied by teachers.

Frederick’s family brought a suit against the school board for violation of his First Amendment rights and the 9th US Circuit Court agreed.

Now the school board, represented (pro bono) by Ken Starr is preparing to appeal.

My take on it is this: the school does not have the right to impinge on the free speech of students when they are off-campus, not in class, and it does not have an effect on the educational mission of the school. Even when that speech is offensive, counter to the school’s standards, or as in this case, lacking any reasonable common sense.

2 comments Ken Starr to fight Free Speech in AK

Brad Bice says:

I have to agree with Sjan that “the school does not have the right to impinge on the free speech of students when they are off-campus, not in class, and it does not have an effect on the educational mission of the school.” However, I think that the case turns on the point of “school function”. By this I mean, were the students responsible for themselves during the time in question or was the school responsible for them? Perhaps another way to look at this is to ask the question “If one of the students were to be injured during the event, would their parents be responsible or would the school be liable.

I see your point, but I think that the salient issue that was missed here was that the 9th Circuit Court found that Frederick’s actions did not have an effect on the educational mission of the school. As such, one has to ask, where do you draw the line? Would an overturning of this ruling mean that students at an off-campus event (say a question-and-answer with a political candidate) could face suspension for voicing an opinion contrary the school board’s?

Comments are closed.