WASHINGTON — School principals may punish students for displaying signs that favor the use of illegal drugs, the Supreme Court said Monday in a narrow decision limiting the free-speech rights of students.
The 5-4 ruling rejected a free-speech claim from a former high school student in Juneau, Alaska, who was suspended for unfurling a banner outside school that read "Bong Hits 4 Jesus." The student, Joseph Frederick, hoped to show up on the local television news because the Olympic torch parade was due to pass by. Instead, he ended up in the principal's office and received a 10-day suspension.
He sued the principal, Deborah Morse, contending she had violated his rights under the 1st Amendment, and he won before a federal appeals court in San Francisco.
The justices sided with the principal Monday in throwing out the student's lawsuit, but they stressed they would have come to a different conclusion if the banner had carried a political or social message. For example, if the banner had read "Down with Bush" or "Praise Allah," the court might have concluded it was protected as free speech.
Bush administration lawyers had urged the court to permit public school officials to censor any student speech that interferes with the school's educational mission. But two justices in the majority -- Samuel A. Alito Jr. and Anthony M. Kennedy -- said they would not go along with such a ruling. Alito said school authorities should not have "a license to suppress speech on political or social issues based on disagreement with the viewpoint expressed."
This strong support for free-speech appeals to conservatives and liberals.
Some conservative groups have gone to court to defend Christian students who have worn T-shirts objecting to homosexuality or proclaiming their faith in Jesus.
But the Alaska case decided Monday turned on whether principals can forbid signs, banners or T-shirts that appear to support illegal drug use. Chief Justice John G. Roberts Jr. put together a five-member majority to uphold the principal's decision in this case.
"School principals have a difficult job, and a vitally important one," Roberts said. "When Frederick suddenly and unexpectedly unfurled his banner, Morse had to decide to act, or not act, on the spot. It was reasonable for her to conclude the banner promoted illegal drug use -- in violation of established school policy -- and that failing to act would send a powerful message to the students in her charge.
