U.S. Supreme Court rules for schools in "Bong Hits 4 Jesus" Case - Court holds that schools may restrict speech advocating illegal drug use

In a split-decision, the U.S. Supreme Court held that a school district did not violate a student's First Amendment rights when it suspended him for displaying a sign with the words "Bong Hits 4 Jesus" at an Olympic Torch Relay rally in which the entire school was attending and participating.

At the rally, a high school senior unfurled a 14-foot banner with the "Bong Hits" message on it. The high school principal demanded the student take down the banner and when he refused, suspended him for 10 days. The superintendent and school board upheld his suspension and he sued the district alleging violation of his First Amendment rights. The trial court ruled in favor of the district, while the Court of Appeals held that the district had violated the student's rights.

The U.S. Supreme Court reversed the Court of Appeals, holding that a school district does not violate the First Amendment when it restricts student speech at a school event when that speech is reasonably viewed as promoting illegal drug use. It found that the rally was a "school event" subject to district rules and policies because it was sanctioned by the school principal as an approved class trip, teachers and administrators were interspersed among the students and charged with supervising them, and the high school band and cheerleaders performed. The Court held that a reasonable interpretation of the message on the student's banner was to promote illegal drug use and that such a message violated the school district's policies and rules against the promotion of illegal drug use. The Court further noted that if the school had failed to act to force the taking down of the banner, it would have sent a message of condoning illegal drugs to students.

Therefore, school districts now may restrict, or in some cases prohibit, student speech in school settings that advocates illegal drug use. Please note that in Missouri, § 167.166.7 of the Missouri Revised Statutes prohibits school board members or school district employees from forcing a student to "remove an emblem, insignia, or garment, including a religious emblem, insignia, or garment, as long as such emblem, insignia, or garment is worn in a manner that does not promote disruptive behavior." It is unclear how (if at all) the "Bong Hits" case will affect this statute. MSBA urges school districts to keep this statute in mind when disciplining or regulating student speech relating to illegal drugs.