Wise guys

This legal case working its way through the appeals process is a real double-take jaw-dropper.

The Supreme Court agreed to step into a dispute over free speech rights Friday involving a suspended high school student and his banner that proclaimed “Bong Hits 4 Jesus.’’

Justices agreed to hear the appeal by the Juneau, Alaska, school board and principal Deborah Morse of a lower court ruling that allowed the student’s civil rights lawsuit to proceed. The school board hired former Whitewater prosecutor Kenneth Starr to argue its case to the high court.

The incident occurred in January 2002, as the Olympic torch relay wound through Juneau, en route to the winter games in Salt Lake City. As the torch passed by the school, student Joseph Frederick and friends unfurled the banner across the street from campus apparently to attract the attention of television cameras.

A bong is a popular device used to smoke marijuana, inhalation from which is commonly known as a “bong hit.” The school principal suspended Frederick — allegedly the only student who disobeyed her command to put down the banner — for 10 days. Frederick claimed the suspension violated his First Amendment right to freedom of speech. A federal district judge sided with the school, but a panel on the U.S. Court of Appeals for the Ninth Circuit unanimously reversed.

Of course — it’s the Ninth.

A particularly good comment posted on that law blog:

This is another one of those cases where the party does something wrong, and then realize that they’ve stumbled into a 1st amendment claim.

Especially if it’s going to get heard in the Ninth Circuit.