WASHINGTON -- The U.S. Supreme Court stepped into a dispute over free speech Friday involving a suspended Juneau high school student and his banner that proclaimed "Bong Hits 4 Jesus."
The justices agreed to hear an appeal by the Juneau School Board and principal Deborah Morse of a lower court ruling that allowed the student's civil rights lawsuit to proceed.
Had the court refused to hear the case, "Bong Hits' banner waver Joseph Frederick would have won his point.
After the announcement Friday, Frederick's attorney, Doug Mertz, said he was surprised the high court agreed to hear the case but insisted it's not a bad sign for his client.
"We remain confident the Supreme Court will find the student has a right to express himself off campus (when it) doesn't disrupt the educational process," Mertz said.
The school board has hired former special prosecutor Kenneth Starr, best known for his investigation of President Clinton's relationship with intern Monica Lewinsky, to argue its case to the high court.
The case began four years ago. Morse suspended Frederick after he displayed the banner, with its reference to marijuana use, during a 2002 parade of the Olympic torch through Juneau.
Frederick, then a senior, was off school property when he hoisted the sign but was suspended for violating a school policy against promoting illegal substances at a school-sanctioned event.
The Juneau School Board upheld the suspension and a federal judge initially dismissed Frederick's lawsuit. However, the 9th Circuit U.S. Court of Appeals overturned Judge James Sedwick in March, ruling that Frederick's civil rights had been violated. It called the banner vague and nonsensical.
The appeals court said that even if the banner could be construed as an endorsement of marijuana use, the school could not punish or censor a student's speech because it promotes a social message contrary to one the school favors.
Frederick said his motive for unfurling the banner, about 14 feet long, was simple: He wanted it to get on television. The torch relay event was being covered by local stations.
When Morse saw the banner, she crossed the street from the school, grabbed it and crumpled it. She later suspended Frederick for 10 days.
Morse still works for the Juneau school system but is no longer the high school principal. She did not immediately return messages left Friday.
Frederick, who had been attending the University of Idaho, is teaching abroad this semester, said Michael Macleod-Ball of the ACLU of Alaska Foundation, which is representing Frederick.
"I suppose we are a little surprised" that the court took the case, Macleod-Ball said. "The facts are so unique that I don't think they lend themselves well to crafting significant new law."
The court is expected to hear arguments in the case in late February.
In addition to the First Amendment issue, the court also will consider whether Morse can be held personally liable for monetary damages.
The appeals panel said she could be held liable because she admitted to being aware of the pertinent case law regarding student rights. The court said the law was clear and Morse was aware of it when she punished Frederick.
Daily News reporter Anne Aurand and Associated Press writer Pete Yost contributed to this story.
Juneau School Board v. Frederick timeline
• JANUARY 2002: Banner seized by school principal; Joseph Frederick suspended.
• APRIL 2002: Frederick/ACLU of Alaska file suit in federal court.
• MAY 2003: Federal Judge John Sedwick rules against Frederick.
• MARCH 2006: 9th U.S. Circuit Court of Appeals reverses Sedwick.
• AUGUST 2006: Juneau School Board petitions U.S. Supreme Court.
Source: ACLU of Alaska
