Could Supreme Court Ruling Lead to Censorship in Utah Schools?

None by KCPW

(KCPW News) A five to three ruling today (yesterday) by the U.S. Supreme Court could empower school administrators in Utah to crack down on student speech, according to civil rights attorney Brian Barnard:

"When a student goes through the school house door, he doesn't leave his first amendment speech rights behind," says Barnard. "The question is how much free speech does that student have? And principals who want to censor will point to this ruling and say 'I have the right to censor you.'"

The Supreme Court ruled in support of a principal who suspended a student for posting a banner at a school-sanctioned event that said "Bong Hits 4 Jesus." The ruling finds schools can take steps to safeguard students from speech that may be seen as encouraging illegal behavior, such as drug use. The challenge, says Barnard, is to decide exactly what constitutes a disruption or promotion of illegal activities:

"You know what if the banner had said 'Legalize Marijuana?'" asks Barnard. "That's something a student should be encouraged to say in a civics class because it encourages use of the legal system to change the law. So if the sign says 'Bong Hits 4 Jesus' the principal can make the banner come down. If the banner says 'Legalize Marijuana' the principal should not have the right to make the student be silent."

Barnard says the Supreme Court ruling gives school administrators a great deal of discretion in determining what constitutes improper speech in a school setting.

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