Bong Hits 4 Jesus Case Brief

Facts: Joseph Frederick a student at a public school displayed a banner at a school event that said, “Bong Hits 4 Jesus.” He was then suspended by the principal Deborah Morse for promoting inappropriate drug use. He then sued the Principal.

Issue: Does free speech include school functions, or do the schools have the right to limit what is said, due to it promoting illegal drug use.

Holding: Schools may take steps to protect other students, faculty, etc. from speech that can be considered encouragement of illegal drug use. By removing the pro-drug banner and suspending Frederick, school officials did not violate the First Amendment.

Majority Reasoning: (Chief Justice Roberts)

A. Rule: In the case of Tinker v. Des Moines (1969), the Court …show more content…
The message Frederick displayed was his own and not considered to be political. The Court stated that the phrase "Bong Hits 4 Jesus" could be viewed by others as promoting the use of an illegal drug. So the school had an imperative interest in prohibiting and punishing any student speech that promotes the using of illegal drugs.

B. Application: Principal Morse had a duty to protect other school students and officials from the banner that promoted illegal drug use. Morse’s freedom of speech was limited do to the fact that it was not political in nature but more of a personal statement. The Court held that schools may take steps to safeguard those entrusted to their care from speech that can reasonably be regarded as encouraging illegal drug use without the fear of possibly violating student’s First Amendment rights.

Concurrence 1: Justice Thomas concurred with the majority, but stated that instead of making exceptions in the ruling in Tinker, that it should instead be overturned. Arguing that student speech in our public schools was never meant to be part of the first

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