You may remember this story in Alaska:
The case arose in January 2002, when a torch relay for the Winter Olympics was passing by the Juneau-Douglas High School campus and students were let out of class to watch it.
Joseph Frederick, an 18-year-old senior, stood on the sidewalk and unfurled his banner as TV camera crews approached. Principal Deborah Morse crossed the street, grabbed and crumpled the banner, and told Frederick he was suspended for promoting illegal drug use.
The boy successfully took his 10-day suspension to the 9th Circuit Court:
“A school cannot censor or punish students’ speech merely because the students advocate a position contrary to government policy,” Judge Andrew Kleinfeld said in the 3-0 ruling.
Well, now the school wants to appeal the decision to the Supreme Court! And they’ve lined up a big gun — Kenneth Starr has agreed to represent the school and principal pro-bono (yes, that Kenneth Starr.
“The 9th Circuit’s decision has left the Board and school administrators with no guidance as to where and when we can enforce our policy against messages promoting illegal drug use,” said Phyllis Carlson, president of the School Board. “Federal law requires us to maintain a consistent message that use of drugs like marijuana is harmful and illegal. Yet, when we try to enforce our policies, our administrators are sued and exposed to damage awards.”
Sorry, but Federal law does not require you to enforce what other people say. I wonder what takes precedence. Your petty desire to stomp on contrary points of view? Or the First Amendment?
My prediction is in agreement with the boy’s attorney: the Supreme Court won’t even take this case.