Schools 4 free thinkers

In the Supreme Court case over 'Bong hits 4 Jesus,' both sides are wrong.

from the March 22, 2007 edition

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But students do not have the right to "say something" – or anything – just because they feel like it. That's why they're not allowed to shout obscenities in class. Such behavior doesn't add anything to a school's "robust exchange of ideas."

But under a theory put forth by the White House, which sides with Ms. Morse, the principal could have censored Frederick even if his speech did promote intellectual exchange. Under the 1994 Safe and Drug Free Schools and Communities Act, the Bush administration argues, schools receiving federal money must "convey a clear and consistent message" that illegal drug use is "wrong and harmful." So Fredericks's banner would have to go. But so would any student critique of drug policies.

Drugs are particularly controversial in Alaska, where adults may legally possess a small amount of marijuana. Under the White House theory, though, even a banner that said "Legalize Pot" – a clear political statement – might be censored.

Schools might even be allowed to muzzle student criticism of "No Child Left Behind" (NCLB), the Bush administration's signature education reform. In a brief written by Kenneth Starr, (yes, that Kenneth Starr), Morse argued that officials may censor any student speech that interferes with their "educational mission." For good or ill, NCLB now lies at the heart of every public school's mission. Under Mr. Starr's theory, then, students might be barred from speaking ill of it.

Yet both sides of this dispute have lost sight of schools' true educational purpose: to foster critical and independent thought.

Frederick sought nothing of the kind, so the Supreme Court should dismiss his juvenile banner out of hand. But it should also reject Morse's appalling argument, which would let administrators censor criticism of any kind. If we really want schools to teach democracy, we must not insulate them from democratic dissent.

Bong Hits 4 Jesus? I have a better idea: Schools 4 Free Thinkers. Now there's a slogan we should all display.

• Jonathan Zimmerman teaches history and education at New York University.

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