
Check out the Times story on Morse v. Frederick, 06-27
A high school senior’s 14-foot banner proclaiming ”Bong Hits 4 Jesus” gave the Supreme Court a provocative prop for a lively argument Monday about the extent of schools’ control over student speech.
If the justices conclude Joseph Frederick’s homemade sign was a pro-drug message, they are likely to side with principal Deborah Morse. She suspended Frederick in 2002 when he unfurled the banner across the street from the school in Juneau, Alaska.
”I thought we wanted our schools to teach something, including something besides just basic elements, including the character formation and not to use drugs,” Chief Justice Roberts said Monday.
But the court could rule for Frederick if it determines that he was, as he has contended, conducting a free-speech experiment using a nonsensical message that contained no pitch for drug use.
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This case is ridiculous in many ways. However, I think that the two sides are setting up a false dichotomy between seeing the sign as a pro-drug message or as “a free-speech experiment using a nonsensical message.” Why not see it as a pro-Jesus message? This case calls for some scriptural interpretation, if only Scalia would take his originalism seriously.