ACLU of Alaska and Juneau Youth Reaffirm Free Speech Rights for Students
FOR IMMEDIATE RELEASE
March 10, 2006
Contact:
Michael W. Macleod-Ball, Executive Director
Office: (907) 258-0044 ext. 103/Cell: (907) 230-0665
Anchorage – A federal appeals court today issued a strongly worded opinion affirming a Juneau high school student’s right to free speech where that speech. Acting on an ACLU of Alaska-sponsored appeal of a federal court ruling against Joseph Frederick, the Ninth Circuit Court of Appeals said that the decision of a Juneau-Douglas High School principal to suspend Frederick was a violation of his constitutional rights. Frederick had held a sign “Bong Hits 4 Jesus” at an off-site school event in 2002, which the principal deemed to be contrary to school drug policy. The court said that such speech, even if contrary to school policy, cannot be restricted unless the speech disrupts school activities.
“This decision is a strong restatement of well-established free speech law,” said Michael Macleod-Ball, Executive Director of the ACLU of Alaska. “Students do not give up their free speech rights while in school as long as that speech does not disrupt school activities.” Macleod-Ball noted that Alaska has long supported an expansive view of individual rights under its state constitution, but that this decision interpreted federal law.
The case arose in 2002 when a commercially-sponsored Olympic Torch Relay passed by Juneau-Douglas High School. The school permitted students to leave the building to watch the Relay, sponsored by Coca Cola. Frederick arrived late at school that day and proceeded to hold up a sign that he thought would be humorous and might get some publicity. Though Frederick was not on school property at the time, the school principal crossed the street to demand he lower the sign. When Frederick refused, citing his right to free speech, the principal grabbed the sign from him and suspended him for five days. At a later discussion when Frederick cited Thomas Jefferson, the principal doubled the suspension to ten days.
The court based its decision on the concept that students retain free speech rights at school events as long as that speech does not substantially disrupt school activities. The ruling relied most heavily on a 1969 Supreme Court decision. In the Tinker v. Des Moines Independent CSD, a student was punished for wearing an armband protesting the Vietnam War. In this case, the school argued that speech opposed to the school’s anti-drug policy could be restricted. Judge Andrew Kleinfeld, writing for the court, rejected that argument, saying that only disruptive speech could be restricted, with certain limited exceptions.
“The school argued that speech contradicting the school’s anti-drug policy could be barred, but the court rejected that postion,” said Macleod-Ball. He noted that the court assumed for purposes of the argument that the sign contained a pro-drug message, even though that was not Frederick’s intent. Macleod-Ball also noted the court’s two exceptions to the student free speech rule – for plainly offensive speech and for speech contained within a school-sponsored venue, such as a school newspaper. “The court ruled that Frederick’s actions didn’t fall within either of the two exceptions. This decision does not make new law – it simply applies firmly established precedent to the facts of this case.”
Joseph Frederick is now a student at the University of Idaho. The Ninth Circuit remanded the case to the Federal District Court in Alaska for further proceedings involving a determination of damages. Frederick is represented by Attorney Douglas Mertz of Juneau, who serves as cooperating attorney for the ACLU of Alaska.
###