Read + Write + Report
Home | Start a blog | About Orble | FAQ | Sites | Writers | Advertise | My Orble | Login
 
Tapsearch Com Editor and Artist Ray Tapajna is now moderator for TheRationale.com. It's mission is to sort out the changes in the "evolution" of religion for the sake of the common good which has lately been subject to the "greatest good for the greatest number" which means that number could be only a few out of a million. The primary objective is to prompt the biblical saying - "do unto others as you would have them do to you" to touch the workday where so many find it difficult to connect their spirtuality with their work. Hopefully a new "Solidarity" of self, work and society can be initiated. All former posts by the past moderator will be kept but are not necessarily the view of Tapsearch Com Editor and Artist Ray Tapajna

Bong Hits 4 Jesus!

March 21st 2007 23:23
A case out of Alaska is making a lot of waves, and the Supreme Court is in the process of sorting it out. A high school let its students out to watch a parade -- and sent teachers to supervise the students to some degree -- and at said parade, a student unfurled a banner that read "Bong Hits 4 Jesus." A school official confiscated the banner and suspended the student.

I hate to do this, but I actually agree with the Ninth Circuit of Appeals on this: The message is protected under the First Amendment.


Let's backtrack a little bit. It was a school-related activity (as the Ninth ruled), and the student acted inappropriately. The official had every right to do what she did.

The problem, though, is that the school didn't justify the decision on the grounds that the student was misbehaving (or at least, the Ninth claimed the school didn't). Rather, it said the message on the banner ran contrary to the school's anti-drug stance. The school does not, by and large, have a right to police the opinions its students express -- under the school's argument, it could suspend a student for writing a serious pro-drug term paper.

Courts can only rule on arguments presented them, so there was no option of "you can't censor speech, but you can control bad behavior." It was "you can censor speech" versus "you can't censor speech."

As the Ninth said:

"Thus, the question comes down to whether a school may, in the absence of concern about disruption of educational activities, punish and censor non-disruptive, off-campus speech by students during school authorized activities because the speech promotes a social message contrary to the one favored by the school. The answer under controlling, long-existing precedent is plainly 'No.'"


The thing i worry about is that schools and students won't understand these nuances, and think that disruptive behavior is constitutionally protected. In reality, schools act "in loco parentis" and can stop behaviors -- from talking out of turn to waving banners around to wearing T-shirts that say "smoke crack" -- protected in adults.

Kenneth Starr (yes that Kenneth Starr), representing the school, disagrees here. His brief to the Supreme Court is here; contrary to the way the Ninth interpreted his arguments to that court, he repeatedly calls the display "distracting," etc.

By Robert VerBruggen
36
Vote


   
Subscribe to this blog 


Just this blog This blog and DailyOrble (recommended)

   

   


Add A Comment

To create a fully formatted comment please click here.


CLICK HERE TO LOGIN | CLICK HERE TO REGISTER

Name or Orble Tag
Home Page (optional)
Comments
Bold Italic Underline Strikethrough Separator Left Center Right Separator Quote Insert Link Insert Email
Notify me of replies
Notify extra people about this comment
Is this a private comment?
List the Email Addresses or Orble Tags of the people you would like to be notified about this comment


One per line max of 30

List the Email Addresses or Orble Tags of the people you would like to be notified about this private comment thread. Only the people in this list will be able to see or reply to your comment.


One per line max of 30

Your Name
(for the email going out to the above list, it can be different to your Orble Tag)
Your Email Address
(optional)
(required for reply notification)
Submit
More Posts
11 Posts
3 Posts
3 Posts
362 Posts dating from December 2006
Email Subscription
Receive e-mail notifications of new posts on this blog:
0

Tapsearch Com Editor's Blogs

38 Vote(s)
1 Comment(s)
1 Post(s)
76 Vote(s)
6 Comment(s)
2 Post(s)
1348 Vote(s)
10 Comment(s)
25 Post(s)
4056 Vote(s)
49 Comment(s)
81 Post(s)
44 Vote(s)
2 Comment(s)
1 Post(s)
Copyright © 2006 2007 2008 On Topic Media PTY LTD. All Rights Reserved. Design by Vimu.com.
On Topic Media ZPages: Sydney |  Melbourne |  Brisbane |  London |  Birmingham |  Leeds     [ Advertise ] [ Contact Us ] [ Privacy Policy ]