A Foolish Consistency

In January 2002, when the Olympic torch passed through Juneau, Alaska on its way to the Salt Lake City Winter Olympics, high school student Joseph Frederick and friends displayed a banner with these words: “Bong Hits 4 Jesus.” School Principal Deborah Morse told the students to take down the banner; all but Frederick complied, earning him a ten-day suspension–and, almost five years later, an invitation to the U.S. Supreme Court. Frederick sued the Principal in federal district court, claiming that the suspension violated his First Amendment rights. The District Court in Juneau dismissed the case and Frederick appealed to the Ninth Circuit Court of Appeals. The Ninth Circuit reversed, held that the suspension violated Frederick’s First Amendment rights, and held that Principal Morse was liable for damages in an amount to be determined by the district court. Yesterday four Justices agreed to hear Morse’s appeal. My vote for most memorable headline on this story goes to The Volokh Conspiracy, which reported 4 VOTES 4 BONG HITS 4 JESUS.