cannabisnews.com: 'Bong Hits' To Supreme Court? 










  'Bong Hits' To Supreme Court? 

Posted by CN Staff on May 03, 2006 at 08:12:54 PT
By Eric Morrison, Juneau Empire 
Source: Juneau Empire 

Alaska -- The Juneau School Board is asking the U.S. Supreme Court to overturn a court ruling that supported a former student's right to display a banner that read "Bong Hits 4 Jesus."The Juneau School District has enlisted some big-name help in hopes of overturning the ruling that could potentially cost it money. Los Angeles attorney Kenneth Starr, who served as the independent counsel investigating former president Bill Clinton, has agreed to represent the School Board and former Juneau-Douglas High School Principal Deb Morse on a pro bono basis to appeal an April decision by the 9th U.S. Circuit Court of Appeals.
The San Francisco-based court reversed a lower federal court decision when it ruled Morse and the School Board violated JDHS student Joseph Frederick's First Amendment rights in January 2002."The 9th Circuit's decision has left the Board and school administrators with no guidance as to where and when we can enforce our policy against messages promoting illegal drug use," said Phyllis Carlson, president of the School Board. "Federal law requires us to maintain a consistent message that use of drugs like marijuana is harmful and illegal. Yet, when we try to enforce our policies, our administrators are sued and exposed to damage awards."Frederick was suspended after he was observed with a sign that read "Bong Hits 4 Jesus" during the visit of the 2002 Winter Olympic Torch to Juneau. Frederick was off school grounds but it was during school hours."How foolish," said Juneau-based lawyer Douglas Mertz, who has been representing Frederick. "How much money are they going to waste trying to deprive someone of their Constitutional rights?"Mertz, who has argued before the U.S. Supreme Court before, said it is very unlikely the nation's highest court will hear the case."Number one, they take very few cases anyway," he said. "And the cases they usually take are issues where there is some issue of national importance and significant disagreement between lower courts, and this case fits neither category."Carlson said Starr, whose investigation led to the impeachment of President Clinton by the U.S. House of Representatives, has the reputation and qualifications to take the case."He is absolutely the best attorney we could have for this case," she said. "The fact that he is willing to waive his fee confirms our belief in the importance of this case to school districts throughout the country."Mertz said he is not intimidated by Starr's star-power."In the Supreme Court, it's the merit of the cases that count," he said. Note: School Board secures former Clinton investigator Kenneth Starr as pro bono attorney in attempt to reverse ruling in First Amendment banner case. Source: Juneau Empire (AK)Author: Eric Morrison, Juneau EmpirePublished: May 3, 2006 Copyright: 2006 Southeastern Newspaper CorpWebsite: http://www.juneauempire.com/Contact: letterstotheeditor juneauempire.comRelated Articles: Protecting The Right To Dissenthttp://cannabisnews.com/news/thread21682.shtmlBanner Suit Filed in Court http://cannabisnews.com/news/thread12653.shtml

Home    Comment    Email    Register    Recent Comments    Help





Comment #22 posted by FoM on May 04, 2006 at 14:22:07 PT
 mai_bong_city
In my state it is worse to have a pipe or bowl then almost a quarter pound of marijuana. 
[ Post Comment ]


Comment #21 posted by mai_bong_city on May 04, 2006 at 14:19:40 PT
maxflowers
it happened in montana, and they included it i assume in the 'paraphenalia' group - along with glassware - that other stores were and are still selling - in fact, the person who took the space where the arrested man had his store is now selling the exact same things.
go figure. i don't know how they got away with it, just like i don't see how they put tommy chong in prison for glassware as well.
the guy here lost his case and i think is to be sentenced next month to fed facility.
yikes.
[ Post Comment ]


Comment #20 posted by runderwo on May 03, 2006 at 21:42:15 PT
hmm
"Federal law requires us to maintain a consistent message that use of drugs like marijuana is harmful and illegal. Yet, when we try to enforce our policies, our administrators are sued and exposed to damage awards."My bullshit-o-meter is going off.Can anyone provide a reference to this supposed federal law?
[ Post Comment ]


Comment #19 posted by mayan on May 03, 2006 at 17:08:32 PT
How Foolish
"How foolish," said Juneau-based lawyer Douglas Mertz, who has been representing Frederick. "How much money are they going to waste trying to deprive someone of their Constitutional rights?"If the supremes even hear this argument they will be sinking even lower than they already are. The Juneau school board is just looking to get even as they can't accept the fact that they got spanked for being censoring idiots.
[ Post Comment ]


Comment #18 posted by Max Flowers on May 03, 2006 at 14:32:06 PT
MBC
Are you saying that the feds busted the guy for selling t-shirts with a cannabis leaf design on them? Where did that happen? And what law would they use---paraphernalia?? I don't see how they could possibly bust him for a t-shirt design of that kind (or any kind, really).
[ Post Comment ]


Comment #17 posted by mai_bong_city on May 03, 2006 at 13:59:23 PT
ain't it strange?
what the heck, is it 'bong' or jesus they're objecting to - or the tying the two together? 
won't fly, far as i can see, but what do i know? the feds busted a poor fellow here just making a living for a t-shirt with a marijuana leaf on it. there isn't any end to how ridiculous it gets when it comes to our beloved canna.
on the earthquakes, i was in my first one this past summer, and what a scary ride! since then i'm attuned to them and we've had at least five tremors i've felt yet they don't appear on record - gub'mint testing? we got a lot of wide-open 'round these parts. again, nothing surprises, anymore. how terribly, cynically sad.
i''m taking my bong (and mai_bong!) out this weekend to see the march happening in our town - just because i CANnabis! and i have the card to prove it. take that, ken starr.
you know what i don't find happening so often that kinda' puts a quell in the fda hoopla of late? well, how about that cannabis (tincture of cannabis) was in PHARMACEUTICAL DRUGS made by the drug companies we still have today and that it was included in what, 75% of our medicines prior to ain-shit-slinger? (pardon my language ;)
i'm just going to get some pics of the bottles and ingredient labels and slap 'em up every time i hear, " it's not standard medicine, has no medical value" - and yeah, the seven, too that they're DEALING 300 joints a month in a tin can to. nobody seems to press them on that much, wouldn't you agree?
but you know, common sense .....heh. what was i thinking?!
[ Post Comment ]


Comment #16 posted by FoM on May 03, 2006 at 13:46:22 PT
AP: Kenneth Starr To Take on Alaska Appeal 
May 3, 2006JUNEAU, Alaska — Kenneth Starr, the former Whitewater special prosecutor, will represent the city school board in appealing a court ruling that favored a high school student who displayed a "Bong Hits 4 Jesus" banner during an Olympic torch relay.The school board wants the U.S. Supreme Court to hear the case. In April, an appeals court said school officials violated the student's free speech rights when they suspended him for 10 days.Starr, who is dean at Pepperdine Law School in Malibu, Calif., has agreed to take the case for free, said Phyllis Carlson, president of the school board."Federal law requires us to maintain a consistent message that use of drugs like marijuana is harmful and illegal. Yet, when we try to enforce our policies, our administrators are sued and exposed to damage awards," she said.Calls to Starr's office Wednesday by The Associated Press were not immediately returned.Joseph Fredrick was 18 and a high school senior in 2002, when he unfurled his banner during the Winter Olympic torch relay through Juneau, hoping to grab the attention of television cameras.School district officials said his banner violated the school's anti-drug policies and suspended him despite the fact that he was off campus at the time and did not disrupt school functions.Frederick sued the school district but lost in federal court when a judge ruled that school officials had wider discretion to control his actions and were entitled to regulate speech that encouraged drug use.The 9th U.S. Circuit Court of Appeals in San Francisco disagreed, saying school officials violated Fredrick's free speech rights.Frederick's lawyer, Douglas Mertz, said it is unlikely the nation's highest court will hear the case.Starr was independent counsel in the Whitewater hearings and his investigation into former President Clinton's relationship with Monica Lewinsky led to Clinton's impeachment.Copyright: 2006 The Associated Press 
[ Post Comment ]


Comment #15 posted by FoM on May 03, 2006 at 11:25:01 PT
Max Flowers
We are doing so much to the earth that I do believe we can contribute to more earthquakes. They want to test a bomb in Nevada and when I learned about it I thought the underground explosion could cause all kinds of future problems. 
[ Post Comment ]


Comment #14 posted by whig on May 03, 2006 at 11:12:34 PT
Max
http://en.wikipedia.org/wiki/Wardenclyffe_Tower
[ Post Comment ]


Comment #13 posted by Max Flowers on May 03, 2006 at 11:02:56 PT
Correction
Not "we have" those weapons---THEY have them. Big difference.
[ Post Comment ]


Comment #12 posted by Max Flowers on May 03, 2006 at 11:01:46 PT
FoM (earthquakes)
You might want to marvel at cutting-edge military weapons technology also. As incredible as it may sound, we have high-tech weapons capable of *creating* earthquakes. They are scalar electromagnetic superweapons called "Longitudinal Wave Interferometers," or "Tesla Howitzers." (google those terms and read in horror)We have no proof that the gov't is causing any of these unusually frequent quakes, but given what they are evidently capable of doing and their apparent disregard for killing masses of people, it would not surprise me at all to learn that they are testing these weapons by creating disasters in places where they deem the populace to be "expendable." 
[ Post Comment ]


Comment #11 posted by FoM on May 03, 2006 at 10:42:17 PT
Whig
That makes me want to cry. I don't know why I want to cry. I think it is because I am beyond anger anymore. I am just disgusted with this administration.
[ Post Comment ]


Comment #10 posted by whig on May 03, 2006 at 10:38:00 PT
FoM
You marvel at the earth, while some marvel at the magnificence of our Boy Emperor.http://www.timesonline.co.uk/article/0,,7374-2162249,00.html
[ Post Comment ]


Comment #9 posted by FoM on May 03, 2006 at 10:33:46 PT
Off Topic: Earthquake
I marvel at our earth. It is so powerful and we are so small. ***Tsunami Warnings After Strong Quake Press Association Wednesday May 3, 2006 A magnitude-8.1 earthquake has struck near the South Pacific nation of Tonga, the US Geological Survey said.A tsunami warning was issued for Fiji and other neighbouring Pacific island nations.Complete Article: http://www.guardian.co.uk/uklatest/story/0,,-5796883,00.html
[ Post Comment ]

 


Comment #8 posted by FoM on May 03, 2006 at 09:55:02 PT

One More Comment
You can listen to Looking For a Leader on this link from NPR if anyone wants to.http://www.npr.org/templates/story/story.php?storyId=5377060
[ Post Comment ]


 


Comment #7 posted by FoM on May 03, 2006 at 09:51:53 PT

Just a Comment
The Republicans are upset because soon they won't have the power they have had for a long time. I have no idea how anyone involved in reforming laws surrounding Cannabis could be a Republican. The values of the Republicans seem the total opposite of any liberty for the average person in our country. I mind people who look down their noses at common folks. Common folks are the backbone of America. Like Neil Young says in his one new song We Are Looking For a Leader. I know some don't think that way but I do. I am not political but I know I personally want a strong and compassionate leader to be our next president. I don't care who he or she is but they must really care. I wonder why anyone would be a Republican anymore. They sure know how to waste our money. There I feel better.Looking For a Leader Lyrics: http://www.human-highway.org/lyrics/lyrics-47.html#008
[ Post Comment ]


 


Comment #6 posted by lombar on May 03, 2006 at 09:42:14 PT

After the disillusionment, what comes next?
It is amazing how intransigent people are about the nature of power. One should be questioning the need for mental midgets to be depriving people of their natural rights. No 'greater good' is being served. 
Martial Law 9/11: Rise of the Police State (Alex Jones)
[ Post Comment ]


 


Comment #5 posted by whig on May 03, 2006 at 09:13:33 PT

observer
Okay, I tried to fix up some of the context in the spiritual use article. I had some difficulty keeping it before, because some anon kept reverting and it was too annoying to keep fixing it.
[ Post Comment ]


 


Comment #4 posted by observer on May 03, 2006 at 09:05:35 PT

Cannabis - spiritual use

see:http://en.wikipedia.org/wiki/Cannabis_(spiritual_use)
[ Post Comment ]


 


Comment #3 posted by Max Flowers on May 03, 2006 at 08:59:42 PT

I'm so bad!
Acid tabs 4 BuddhaMagic mushrooms 4 AllahEcstasy 4 ShivaThere, I posted those for all the world to seeI'm such a rebel. Come get me hee hee heeThis case is beyond ridiculous!
[ Post Comment ]


 


Comment #2 posted by unkat27 on May 03, 2006 at 08:23:21 PT

Another waste of time and $$$
"I think they know that Cannabis allows a person to think outside the box and they don't like it. "Agreed.This is obviously just another big waste of tax-payer's money and judicial time.
[ Post Comment ]


 


Comment #1 posted by FoM on May 03, 2006 at 08:15:35 PT

What Is Wrong with Alaska?
Kenneth Starr oh my goodness! Are the Republicans afraid of anything related to Cannabis? I think they know that Cannabis allows a person to think outside the box and they don't like it. 
[ Post Comment ]





  Post Comment