By Candace Moore
J-Ideas

Two activists for student free speech and a lawyer/educator familiar with media law debated the current state of students’ First Amendment rights Monday in “Beyond Bong Hits:  Examining the Current Threats to Student Free Expression.”

Held on the nation’s Constitution Day, the panel discussion at Ball State drew a packed auditorium of approximately 225 students, faculty and residents. In 2004, Congress passed a law requiring public schools to observe the historical day, Sept. 17, 1787—the date of U.S. Constitution signing—with hopes that students would take more pride in its contribution to our nation. 

The third annual forum featured panelists:

• Amy Sorrell, an Indiana high school journalism teacher fired from the East Allen School District for allowing her students to publish an article in the school newspaper on tolerance toward homosexuals.
• Mary Beth Tinker, a First Amendment rights activist who pioneered her own crusade for free expression almost 40 years ago.
• Joseph McKinney, a lawyer and chairman of the Department of Educational leadership at Ball State.

Warren Watson, Director of J-Ideas, facilitated the discussion.

Among the issues discussed were the release of the Knight Study, which researched student’s knowledge and feelings toward the Constitution and First Amendment, as well as new threats to the First Amendment such as, Morse v. Frederick, familiarly known as, “Bong Hits 4 Jesus.” The case involved the suspension of then-Alaska high school student Joseph Frederick by his principal, Deborah Morse, for displaying a 14-foot banner with the words "Bong Hits 4 Jesus" during a 2002 parade in support of the Winter Olympic Games. Morse confiscated the banner and suspended Frederick on the grounds that the message violated the school’s anti-drug policy, however, the high school senior felt the disciplinary action violated his state and federal constitutional rights to freedom of speech.  The Supreme Court ruled against Frederick, stating that the banner could have been interpreted as promoting illegal drug use, ultimately limiting student free expression.

“I believe Bong Hits is significant because it does limit the rights of students to say what they want,” said Tinker, who shared her personal experience with attendees.

A junior high school student in Iowa in 1969, she and some other students protested the Vietnam War by wearing armbands. Her case established the landmark Supreme Court decision, Tinker vs. Des Moines, setting a precedent for the freedom of expression among students.  Now a pediatric nurse in St. Louis, she explained the concern with “Bong Hits 4 Jesus” is that administrators have more control over the reduction of drug use among high school students.

“I think it was more of the trend of reducing expression and curtailing expression among students,” she said. 

In addition to this issue, another topic discussed was the lack of knowledge students have about their Constitutional rights, which Sorrell—currently, a teacher at Keystone Schools in Fort Wayne—thinks is not being taught. 

“When I was in high school, I don’t remember hearing about “The Constitution,” Sorrell said.  “People don’t appreciate it, they don’t realize what right they have.”

McKinney, chairman of the Department of Educational Leadership, addressed student free expression from an administrator’s perspective. 

“Administrators have an obligation to make schools safe,” he said.

He also explained that this conservative mindset leads many school officials to censor student newspapers.

“A lot of administrators think the student newspaper should be a “public relations” tool,” he said.

At one point in the discussion, Tinker shared personal wisdom with the audience—comprised mostly of students—to make the decision to stand for their beliefs.

“People are interested in changing the world,” she said. “If you choose to stand up for something you will have a very rich life.”  

Tinker and Sorrell agreed that they never thought they would be in the center of controversy concerning student’s rights to free expression or in the position to impact history. 

“Both of us feel we were going along in ordinary lives and something happens when you have a choice,” said Tinker. 

“You have a choice to say something or say nothing—in either choice, history will be made.  You have to be willing to take a risk.”

The panel was J-Ideas third Constitution Day event in as many years. In 2005, J-Ideas presented a panel that debated First Amendment rights in the spirit of the ESPN game show, “Pardon the Interruption.” In 2006, J-Ideas hosted a discussion on First Amendment rights in a digital age.

In addition to J-Ideas’ Constitution Day event, Ball State presented a speech b y Indiana’s newest federal judge, Joseph Van Bokkelen. The speech was sponsored by the Department of Political Science, in conjunction with the Office of Student Affairs and the Bowen Center for Public affairs.