Kenneth Starr to Assist School Districts’ Efforts to Regulate Drug-related Speech

Fox News is reporting today that former Whitewater Prosecutor Kenneth Starr has asked the United States Supreme Court to hear a case involving an Alaska school district and the discipline it imposed on a student who acted, off of school property, to violate the school’s policy prohibiting drug-endorsing speech by students. 

The student raised a banner reading, “Bong Hits 4 Jesus,” while near a school-related event.  A school official saw the banner, and the student was disciplined.  A federal Court of Appeals had sided with the student, who argued that the District had no authority to discipline him for out-of-school conduct.

If the Supreme Court takes this case, it could have a significant impact on districts’ ability to enforce speech and behavior codes with respect to out-of-school conduct.  No decision, if any, will be rendered for quite some time, but we will keep an eye on it.

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