Bong Hits 4 Jesus: What's Left of Student Free Speech?

The New School





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Partner:: New School
Location:: The New School
New York, NY
Event Date:: 05.07.08
Speakers:: Joan Bertin,; Marjorie Heins,; Frank LoMonte
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Summary: Nearly 40 years ago, the Supreme Court ruled that students do not shed their right to freedom of speech "at the schoolhouse gate." Administrators, therefore, could not prohibit them from wearing black armbands in silent protest of the Vietnam War.

Over the next three decades, the court chipped away at the case, and last year, it ruled that administrators could punish a student for displaying the message, "Bong Hits 4 Jesus."

This discussion examines what's left of student free speech, thorny issues such as offensive speech by students on blogs, and how to balance different philosophies of education in the context of the First Amendment - The New School

Bio

Joan Bertin

Joan E. Bertin, Executive Director of the National Coalition Against Censorship, is a graduate of NYU Law School, where she was a fellow in the Arthur Garfield Hays Civil Liberties Program. After law school, she spent seven years representing indigent clients as a legal services lawyer, and more than a dozen litigating civil rights and civil liberties cases at the ACLU. She has taught at Columbia University, where she remains on the faculty, and at Sarah Lawrence College, where she held the Joanne Woodward Chair in Public Policy, but she prefers activism to academia. She frequently speaks and writes on legal and policy issues, and is the author of more than 30 chapters and articles in professional books and journals.

Marjorie Heins

Marjorie Heins founded the Free Expression Policy Project. She is the author of Not in Front of the Children: "Indecency," Censorship, and the Innocence of Youth, which won the American Library Association's Eli M. Oboler Award in 2002 for the best published work in the field of intellectual freedom. From 2004-07, she was a fellow in the Brennan Center for Justice Democracy Program. From 1991-98, she directed the American Civil Liberties Union's Arts Censorship Project, where she was co-counsel in a number of Supreme Court cases, including Reno v. ACLU (the challenge to the 1996 Communications Decency Act). Marjorie is also the author of Sex, Sin, and Blasphemy: A Guide to America's Censorship Wars (1993, 1998), "The Progress of Science and Useful Arts": Why Copyright Today Threatens Intellectual Freedom (2003), and numerous book chapters and articles about free expression, copyright, and media reform. She graduated from Harvard Law School in 1978.

Frank LoMonte

Frank LoMonte, Executive Director of the Student Press Law Center, is an experienced commercial litigation attorney who joined SPLC after practicing with the Atlanta-based law firm of Sutherland Asbill & Brennan LLP and clerking for federal judges on the Northern District of Georgia and the Eleventh Circuit U.S. Court of Appeals. Before law school, LoMonte was an award-winning investigative journalist and political columnist in state capitol bureaus in Florida and Georgia and in Washington, D.C. with the Morris newspaper chain. LoMonte graduated magna cum laude from the University of Georgia School of Law, where he was a senior editor of the Georgia Law Review.

Chapters

: Watch Full Program

01 hr 43 min 54 sec

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01.: Moderator Introduction

07 min 35 sec

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02.: Marjorie Heins: History of Student Free Speech

04 min 02 sec

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03.: Subject Matter and Style Make All the Difference

01 min 44 sec

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04.: Leading Up to Tinker

02 min 07 sec

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05.: Tinker v. Des Moines Independent Community School District

05 min 51 sec

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06.: Board of Education v. Pico

04 min 03 sec

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07.: Bethel School District v. Fraser

02 min 48 sec

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08.: Hazelwood v. Kuhlmeier

02 min 40 sec

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09.: Observations on Bong Hits 4 Jesus

03 min 48 sec

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10.: Frank Lomonte: Morse v. Frederick

04 min 17 sec

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11.: Chief Justice Roberts on Morse

01 min 48 sec

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12.: The Majority Vote

01 min 05 sec

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13.: Dissent

02 min 27 sec

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14.: Impact of Morse v. Frederick

06 min 32 sec

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15.: First Amendment Needs Breathing Space

03 min 35 sec

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16.: After Morse

05 min 19 sec

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17.: Cyber Speech

07 min 48 sec

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18.: Conclusion

02 min 24 sec

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19.: Q & A

33 min 39 sec

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: Watch Full Program

01 hr 43 min 54 sec

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Marjorie Heins on the Implications of the Tinker Case

06 min 11 sec

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Frank LoMonte on Effects of Morse v. Frederick Decision

05 min 17 sec

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Frank LoMonte on the Freedom of Cyber Speech and Schools

05 min 11 sec

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Watch Full Program

01 hr 43 min 54 sec

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