{"id":69291,"date":"2021-03-31T22:30:00","date_gmt":"2021-04-01T06:30:00","guid":{"rendered":"https:\/\/www.juneauempire.com\/news\/banner-at-center-of-supreme-court-case-leaves-juneau\/"},"modified":"2021-03-31T22:30:00","modified_gmt":"2021-04-01T06:30:00","slug":"banner-at-center-of-supreme-court-case-leaves-juneau","status":"publish","type":"post","link":"https:\/\/www.juneauempire.com\/news\/banner-at-center-of-supreme-court-case-leaves-juneau\/","title":{"rendered":"Banner at center of Supreme Court case leaves Juneau"},"content":{"rendered":"

The banner reading “Bong Hits 4 Jesus” at the center of a U.S. Supreme Court decision has been sent to a museum in Maine after failing to find a home in Juneau where it was first made.<\/p>\n

The banner had been on display at the Newseum in Washington, D.C., but that museum recently closed, according to Doug Mertz, a lawyer for the banner’s owner. The Juneau-Douglas City Museum was unable to display the banner because of its size, Mertz said.<\/p>\n

The banner’s owner, Joseph Frederick, wants to hold on to it in the hopes of somehow monetizing it to create a college fund for his two young daughters, Mertz said. Frederick currently lives in Wuhan, China, Mertz said, and tried to find a home for the banner in Juneau. The Alaska State Library and Museum has other artifacts from the case, Mertz said, but would only accept the banner as a donation.<\/p>\n

The banner, made of duct tape and butcher paper, was mailed Tuesday to the First Amendment Museum<\/a> in Augusta, Maine. The museum is planning to have the banner professionally treated in order to preserve it, Mertz said, but since Frederick still retained ownership of the banner, there’s a chance it could return to Juneau. The museum currently has the banner on a five-year loan, Mertz said.<\/p>\n

The banner arrived at the First Amendment Museum Thursday, according to Max Nosbisch, manager of visitor experiences, and will be sent to a professional in Indianapolis for preservation treatment before being returned to the museum for display.<\/p>\n

“One of our challenges is just finding a wall big enough,” Nosbisch said of the banner, which is about 16 feet long.<\/p>\n

The case began in 2002, when Juneau-Douglas High School student Joseph Frederick held the banner up across the street from the school as the Olympic Torch Relay was running by. The school’s then-principal, Deborah Morse, took the banner and suspended Frederick for 10 days. Frederick sued, arguing his First Amendment rights had been violated.<\/p>\n

[New bill would allow Alaskans to know when data is collected<\/a>]<\/ins><\/p>\n

A student’s free speech is protected so long as it doesn’t significantly disrupt the learning process, Mertz said, but for Frederick’s case the Supreme Court created an exemption. Because the banner made a specific reference to drug use, the court ruled that there was an exception for a student’s free speech when authorities can reasonably conclude the speech is promoting illegal drug use, according to the Federal Court’s summation<\/a> of the case. Marijuana wasn’t legalized in Alaska until <\/a>2014<\/a>.<\/p>\n

“The Court held that schools may ‘take steps to safeguard those entrusted to their care from speech that can reasonably be regarded as encouraging illegal drug use’ without violating a student’s First Amendment rights,” the summation says.<\/p>\n

Frederick and the Juneau School District eventually settled, Mertz said, but the case set an important precedent for future cases.<\/p>\n

It’s an issue that still resonates Mertz said. Later this month the U.S. Supreme Court is set to hear another case regarding student free speech. That case involves a Pennsylvania high school student<\/a> who posted a profanity-laden rant against her school on social media after being rejected from the varsity cheerleading squad.<\/p>\n

Mertz said with new technologies and more ways for students to express themselves the question of how far a school’s jurisdiction is being tested.<\/p>\n

“I’m interested to hear the oral arguments,” Mertz said. “What if a student provides false and slanderous information about somebody at the school? Can the school do something about that?”<\/p>\n

• Contact reporter Peter Segall at psegall@juneauempire.com. Follow him on Twitter at @SegallJnuEmpire.<\/em><\/p>\n","protected":false},"excerpt":{"rendered":"

Student speech still relevant. <\/p>\n","protected":false},"author":531,"featured_media":69292,"comment_status":"open","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"_stopmodifiedupdate":false,"_modified_date":"","wds_primary_category":9,"footnotes":""},"categories":[9,4],"tags":[230],"yst_prominent_words":[],"class_list":["post-69291","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-home","category-news","tag-state-news"],"_links":{"self":[{"href":"https:\/\/www.juneauempire.com\/wp-json\/wp\/v2\/posts\/69291","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.juneauempire.com\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.juneauempire.com\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.juneauempire.com\/wp-json\/wp\/v2\/users\/531"}],"replies":[{"embeddable":true,"href":"https:\/\/www.juneauempire.com\/wp-json\/wp\/v2\/comments?post=69291"}],"version-history":[{"count":0,"href":"https:\/\/www.juneauempire.com\/wp-json\/wp\/v2\/posts\/69291\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.juneauempire.com\/wp-json\/wp\/v2\/media\/69292"}],"wp:attachment":[{"href":"https:\/\/www.juneauempire.com\/wp-json\/wp\/v2\/media?parent=69291"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.juneauempire.com\/wp-json\/wp\/v2\/categories?post=69291"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.juneauempire.com\/wp-json\/wp\/v2\/tags?post=69291"},{"taxonomy":"yst_prominent_words","embeddable":true,"href":"https:\/\/www.juneauempire.com\/wp-json\/wp\/v2\/yst_prominent_words?post=69291"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}