Speech Ruling Backs Schools But Protects Student Political Expression
The U.S. Supreme Court’s
first major ruling in two decades on student speech
was a decisive victory for schools and administrators in the case over a student’s display of a “Bong Hits 4 Jesus” banner, but the nuances in the justices’ opinions leave significant protection for more serious political and social expression by students.
How the court’s June 25 ruling plays out for the latest generation of student-speech disputes, including those stemming from the culture wars over religious expression and gay rights, may take years to figure out, legal experts said.
“The First Amendment is a little bit wounded right now, but it has survived,” said Douglas K. Mertz, a cooperating lawyer with the American Civil Liberties Union. Mr. Mertz argued before the Supreme Court on behalf of Joseph Frederick, who was a senior at Juneau-Douglas High School in January 2002 when he and other students unfurled the banner at an Olympic-torch...
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