The First Ammendment & Student's RightsThis is a featured page

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You Are A Supreme Court Justice: How Free Should A Student Be?
CNN clip for background


The Supreme Court is currently considering the case of an Alaska student who was expelled for 10 days for hanging a sign that read "Bong Hits For Jesus"at school gathering off campus for the school to see the Olympic Torch pass by. Matt Fraser, a litigant in the precedent setting students rights case Bethel v. Fraser, discusses the current case and the impact on education. Fraser defended his first ammendment rights against the Bethel School Distric when the school suspended Fraser after for making this speech at a school wide assembly for student body elections:

"I know a man who is firm - he's firm in his pants, he's firm in his shirt, his character is firm - but most [of] all, his belief in you the students of Bethel, is firm. Jeff Kuhlman is a man who takes his point and pounds it in. If necessary, he'll take an issue and nail it to the wall. He doesn't attack things in spurts - he drives hard, pushing and pushing until finally - he succeeds. Jeff is a man who will go to the very end - even the climax, for each and every one of you."

The above is the speech that landed Fraser in suspension, and the school district before the Supreme Court. The Court ruled that the school district has the right to restrict Fraser's right to say such things in school. Do you agree with the court here?

Now to the current case. Do you think the "Bong Hits" student has a constitutional right to express himself by hanging the sign? Why would the constitution treat the student's First Ammendment protection any different from that of an adult? Is there a compelling state interest that overrides even first ammendment protections for students? What are the long term impacts of the Court allowing a government office to restrict the First Ammendment rights of students whenever they deem a disruption to have? occurred?

The opening sentence of Chapter II in J.S. Mill's classic On Liberty is telling: "The time, it is to be hoped, is gone by when any defense would be necessary of the "liberty of the press" as one of the securities against corrupt or tyrannical government. even if the received opinion be not only true, but the whole truth; unless it is suffered to be, and actually is, vigorously and earnestly contested, it will, by most of those who receive it, be held in the manner of a prejudice, with little comprehension or feeling of its rational grounds. And not only this, but the meaning of the doctrine itself will be in danger of being lost, or enfeebled, and deprived of its vital effect on the character and conduct: the dogma becoming a mere formal profession, inefficacious for good, but cumbering the ground, and preventing the growth of any real and heartfelt conviction, from reason or personal experience."

Well put! Please express yourself freely in a comment to this tape. The recording quality is not perfect and the very beggining was not captured, but there are a lot of important issues hanging in the balance of this court case for students all over this country.

Radio Show On "Bong Hits For Jesus Case"
Matt Fraser of Bethel v. Fraser (Supreme Court precedent) analyzes the current case.


To assist your deliberation in reaching a verdict on this case, watch/listen to these links:
1.This is a concise presentation of the fundamental rights and forebearances that underly our system of justice. This is a very Lockean theory of rights presented in a simple slide show. Well done.


2. Former Supreme Court lititgant Matt Fraser discusses his precedent setting case Bethel v. Fraser and provides analysis of the current case before the court. I recorded this from the radio (fair quality)
Analysis Of B-Hits Supereme Court Case


3. Blog with updated info on the case and access to court documents.
Blog Updating The Case


The Supreme Court is currently considering the case of an Alaska student who was expelled for 10 days for hanging a sign that read "Bong Hits For Jesus"at school gathering off campus for the school to see the Olympic Torch pass by. Matt Fraser, a litigant in the precedent setting students rights case Bethel v. Fraser, discusses the current case and the impact on education. Fraser defended his first ammendment rights against the Bethel School Distric when the school suspended Fraser after for making this speech at a school wide assembly for student body elections:

"I know a man who is firm - he's firm in his pants, he's firm in his shirt, his character is firm - but most [of] all, his belief in you the students of Bethel, is firm. Jeff Kuhlman is a man who takes his point and pounds it in. If necessary, he'll take an issue and nail it to the wall. He doesn't attack things in spurts - he drives hard, pushing and pushing until finally - he succeeds. Jeff is a man who will go to the very end - even the climax, for each and every one of you."

The above is the speech that landed Fraser in suspension, and the school district before the Supreme Court. The Court ruled that the school district has the right to restrict Fraser's right to say such things in school. Do you agree with the court here?

Now to the current case. Do you think the "Bong Hits" student has a constitutional right to express himself by hanging the sign? Why would the constitution treat the student's First Ammendment protection any different from that of an adult? Is there a compelling state interest that overrides even first ammendment protections for students? What are the long term impacts of the Court allowing a government office to restrict the First Ammendment rights of students whenever they deem a disruption to have? occurred?

The opening sentence of Chapter II in J.S. Mill's classic On Liberty is telling: "The time, it is to be hoped, is gone by when any defense would be necessary of the "liberty of the press" as one of the securities against corrupt or tyrannical government. even if the received opinion be not only true, but the whole truth; unless it is suffered to be, and actually is, vigorously and earnestly contested, it will, by most of those who receive it, be held in the manner of a prejudice, with little comprehension or feeling of its rational grounds. And not only this, but the meaning of the doctrine itself will be in danger of being lost, or enfeebled, and deprived of its vital effect on the character and conduct: the dogma becoming a mere formal profession, inefficacious for good, but cumbering the ground, and preventing the growth of any real and heartfelt conviction, from reason or personal experience."

Well put! Please express yourself freely in a comment to this tape. The recording quality is not perfect and the very beggining was not captured, but there are a lot of important issues hanging in the balance of this court case for students all over this country.

Radio Show On "Bong Hits For Jesus Case"
Matt Fraser of Bethel v. Fraser (Supreme Court precedent) analyzes the current case.



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Keyword tags: free speech for students
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Started By Thread Subject Replies Last Post
Anonymous Freedom of Speech 2 Jan 30 2008, 9:23 PM EST by Anonymous
 
Thread started: Jul 31 2007, 1:46 PM EDT  Watch
I think that the school should not allow freedom of speech like that because that kind of speech could do harm to other students. I also think its not right to say " bong hits for Jesus" because if I was a Christian, I would not want to hear that. I think that freedom of sppech is good but there should be some laws at scool because we do not want people in high just saying whatever they want about drugs and stuff. It also spreads the kidn of message to kids that makes them think it is alright to smoke weed and it could be big distraction in schools. I thinka student should have to right to freedom of speech but he/she cannot just say whatever they want about drugs because there are other kids out there in the school that do not know anything about drugs and they could start being curious abotu drugs. I think it would be alright if a student said something like that outside of school but during school, they should not be allowed to say such things. Its kind of like saying badwords at school that other people would rather not hear.
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Anonymous Freedom of Speech 0 Jan 18 2008, 9:06 PM EST by Anonymous
 
Thread started: Jan 18 2008, 9:06 PM EST  Watch
One of the most valuable spirits of this country is liberty. I support the idea that everyone has freedom of speech no matter what opinions they hold, as long as they do no harm to others. The right of voicing out opinions also provides a room for brainstorming and exchanging ideas among one another. We can always gain from looking at the different perspeptives others may have.

One of the distinctions between being in school and outside in society is that school allows us to make mistake. In school, no matter how "wrong" we do, we are always forgiven because this is exactly the purpose of education- we learn from mistakes. In contrast, when we step into society, everyone has to face the reality and we no longer have the rights of making mistakes. Everyone has to pay for whatever costs for committing anything. Thus, I don't think it is wise to pose severe "punishment" to that student no matter how "wrong" he is.
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joe.candelario Bong Hits for Jesus 0 Jul 13 2007, 9:56 PM EDT by joe.candelario
Thread started: Jul 13 2007, 9:56 PM EDT  Watch
Free speech is one of the most highly regarded liberties we have in this country. However, I believe that it is the most abused. We're a country full of people with the freedom to speak, but have nothing of value to say. I know this seems radical, but come on, you have to draw the line somewhere. I don't believe that "Bong Hits for Jesus" is what the founding fathers had in mind when they wrote the first amendment.

There is also a distribution of power within this country. The boy was under the school's jurisdiction when he unfurled that sign. They did what was deemed appropriate for that behavior, which was to punish the child. I realize that "free speech means free speech" but there is a point where you must judge what is ethically correct. For one, why did the student put that sign up? What did it mean? Was it a highly important issue that needed to be heard? "Bong Hits for Jesus". It doesn't take a rocket scientist to see that the kid was just out for attention. Now, he's bitten off more than he can chew and is causing trouble for everyone. This doesn't need national attention. And I think the ACLU seriously needs to take a chill pill.
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