March 19, 2007

(Washington, DC) – The American Center for Law and Justice (ACLJ), focusing on constitutional law, said today the Supreme Court has an important opportunity to protect the free speech rights of students to express their views on controversial topics that may be deemed unacceptable to a school district.  The Supreme Court today heard oral arguments in Morse v. Frederick – a case in which the ACLJ filed an amicus brief in support of student speech.

“The high court should uphold the long tradition of protecting the free speech rights of students – even when it’s a message most would disagree with,” said Jay Sekulow, Chief Counsel of the ACLJ.  “While we strongly disagree with the student’s message in this case, the fact is that unless student speech is protected a message considered appropriate today could be deemed offensive tomorrow.  We want to ensure that students who hold pro-life and pro-family positions will continue to be able to present those messages without censorship.  That is why the Supreme Court must reject the school board’s argument in this case.”

In December, the Supreme Court decided to take a case out of Alaska where a school district suspended a student for displaying a banner that read “Bong Hits 4 Jesus” – which the school contends advocates marijuana use.  The student admits the banner was displayed for one reason – to attract media attention during a parade when the Olympic torch passed through Juneau in 2002 on its way to Salt Lake City. The U.S. Court of Appeals for the Ninth Circuit ruled in favor of the student and the school district asked the Supreme Court to take the appeal.

In its friend-of-the-court brief filed with the Supreme Court, the ACLJ urges the high court to protect student speech.  The brief asserts:  “The school district has engaged in blatant viewpoint-based censorship of student speech . . . A school’s basic educational mission does not confer blanket authorization for viewpoint suppression of student speech.”  In addition, the brief argues:  “It would be regrettable if the Court were to resolve the important questions of constitutional law at issue here in the context of a jokester’s prank, rather than a student’s bearing of a serious message.” 

“School districts must not be entrusted with the authority to arbitrarily determine what student speech is offensive and off limits,” said Sekulow.  “In the future, that could put all student speech at risk – including speech that advocates Christian beliefs on any issue – including abortion or marriage.”

The case is Morse v. Frederick and is No. 06-278.  A decision is expected by the end of the term this summer.

Led by Chief Counsel Jay Sekulow, the American Center for Law and Justice focuses on constitutional law and is based in Washington, D.C.