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Starr, the former independent counsel whose investigation led to the impeachment of former President Bill Clinton, has taken on the case pro bono for Morse and the school district. Two other lawyers from Starr's firm, Rick Richmond and Eric Hagen, also are named on the petition.

"I thought it was an important case to be involved in and an important case for the firm to weigh in on," Hagen said. "It has broad implications for public school administrators across the nation."

The petition must receive a minimum of four of the nine Supreme Court justices' votes to be heard.

Frederick was suspended after holding up a banner with a reference to marijuana smoking during the Winter Olympic Torch Relay on Jan. 24, 2002. Frederick, then a senior, was off school property at the time of the incident but was suspended for violating the school's policy of promoting illegal substances at a school-sanctioned event.

Frederick's attorney, Doug Mertz, said he believes the United State's highest court will vote against hearing the case.

"It's very unlikely," Mertz said. "It just doesn't have the earmarks of the kind of case that they would take."

Mertz plans to filed a petition of opposition within 30 days to suggest to the court that the case is not worth hearing, he said.

"The principal's actions were so outrageous, basically leaving school grounds and punishing a student for a message that is not damaging to the school," he said.

Superintendent Peggy Cowan said she believes it is responsible to seek clarification of the rights of administrators when it comes to disciplinary action of students who break the district's drug message policy.

"The district's decision to move forward is not disrespectful to the First Amendment or the rights of students," she said. "This is an important question about how the First Amendment applies to pro-drug messages in an educational setting."

It is an appropriate time for the Supreme Court to rule on the matter because of the hazy message the lower courts have sent in the previous "Bong Hits 4 Jesus" rulings, Cowan said.

"My current concern is that school officials are now faced with a confusing message," she said. "Under this ruling they are responsible for teaching students about the dangers of illegal drugs but also to tolerate pro-drug messages."

The case is important to and supported by school administrators across the country because it could have implications on how student-conduct policies are enforced around the country, Hagen said.

"It makes it a little harder when teachers and principals in their daily duties might be subject to a damages lawsuit and be held personally liable," he said.

The decision by the justices to grant the petition could take several months or more, Hagen said.

• Eric Morrison can be reached at eric.morrison@juneauempire.com