Kids Are Americans Too by Bill O'Reilly Read Free Book Online Page A

using marijuana. By the way, being innocent about drugs is not a bad thing. But knowing the score may protect you better.)

    A question 4 the Supremes? © Clay Good/ZUMA Press
    Back to our story…
    Joseph Frederick, an eighteen-year-old senior at Juneau-Douglas High School in Alaska, displayed the banner as students of the school assembled outside to watch runners in the 2002 Olympics torch relay as they raced down the road. The principal, Deborah Morse, had the banner taken down and immediately suspended the kid for ten days.
    As we will see again and again, things are not always exactly clear-cut.
    See, the kid argued that he was not on school property, since everyone had gathered in the street outside. The principal shotback that the event was sponsored by the school, even though it took place on the sidewalk, so she had the right to get rid of the sign and punish him. The kid argued that he had the right to express his opinion about cannabis (yes, he was for it). Ms. Morse countered that his message undermined the school’s educational mission and flew in the face of its antidrug stance. (True enough.) That, in her view, meant that she could keep Frederick from making his statement.
    You noticed that I said “2002,” right? But this case isn’t over yet. When Frederick sued, a local court agreed with the school. Then a federal appeals court agreed with Frederick, saying that the school could not “punish and censor nondisruptive speech.”
    There’s more. Now the Supremes have agreed to take the case. (By the way, the lawyer representing the school is Ken Starr, whom some of you may remember—I know, I know, just barely—from the Monica Lewinsky affair.)
    This case is not just a matter of pride, by the way. If the school loses in the end, damages will have to be paid to Frederick.
    What will happen? I don’t know, although I’d guess that the current lineup of judges will side with the school. Whatever happens, you can be sure that I’ll be talking about it on The Factor.
    As for Frederick, he has said that he put up the banner so that it would be seen on TV. He sure got his wish. But judging by his slogan, Fred is a pinhead. Jesus and pot have nothing in common. This is just a case of a wiseguy making trouble.
    But the Supreme Court is hearing it! That means, taking it seriously!
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    !NEWS FLASH!
    Yes, this really is a flash. Just as this book was sent off to the printer this past summer, the Supremes suddenly came down from the heights and spoke their several minds.
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    You’re going to love this, especially after everything we’ve talked about. Better yet, you’re going to understand it, precisely because of everything we have talked about. It’s a great, right-here-and-now example of how complicated—and fascinating—the continuing story of rights in America can be.
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    If we could just cut to the chase, the box score would be Principal Morse 5, Joseph Frederick 4 (or 5 1/2 to 3 1/2, as you will see). Bottom line: Joseph’s “prank” was not free speech protected by the First Amendment, according to the majority of the Supremes, and Ms. Morse does not have to pay damages to the kid because, to use the legal language, as a government official she is entitled to “qualified immunity” from liability.
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    So has everything about this case been cleared up now? Is everyone all across the land dancinghappily through the streets, hand in hand, blowing bubbles to the same tune on our iPods?
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    You know better. Or you’ve been dozing off while reading this book.
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    As it turns out, this case took some crazy twists and turns, even after all we’ve already discussed and thought about. Get this: The ACLU—fervent advocates of perfectly free speech—was actually joined in their concern over this case by conservative religious groups like the American Center for Law and Justice (that would be a Pat