Whose Rights Would Jesus Smoke?

The Supreme Court handed down a decision this week against x-high schooler Joseph Frederick who created the banner “Bong Hits 4 Jesus” during a parade in support of the Winter Olympics.

“It remains to be seen what far-reaching effects the decision will have on students' free-speech rights. There's still a great deal of confusion regarding the issue since there are really no hard-and-fast rules concerning what forms of speech are acceptable when you're a student — and which ones could land you in front of a judge.”

When students ask Witold "Vic" Walczak — the legal director for the American Civil Liberties Union of Pennsylvania — for a general rule of thumb when it comes to students' First Amendment rights, "What I usually tell them is, if it involves political or religious speech, you've got fairly extensive rights. Beyond that, not so much. Truth be told, students did not have significant expressive rights before now, except when it dealt with religious and political [matters]." MTV

Me: Damn… were did those free speech rights go?
Answer: Did you check between the cushions of the supreme court?

more below the jump

Say what you want about religious free speech and I can say a lot but if we’re seriously going to talk about some of the right wing nutjob shit that happens in high schools from the radical right then I think we should be able to talk about the original smokin’ J.

While Chief John Roberts said that “schools may take steps to safeguard those entrusted to their care from speech that can reasonably be regarded as encouraging illegal drug use”

Aaron Tang of wiretapmag.org observed this was a

“giant step towards the center from his colleague Clarence Thomas, who wrote in a concurring opinion that he believed students should not have any free speech rights at all in school.”

What you might not know is that this case also brought about a blast from the past. No I'm not talking about Bob Marley or Bob Denver or any other pot smoking Bobs but Mr. Kenneth Starr x-special prosecutor who is now the law school deal at Pepperdine. Kenny represented the school district for free after the kid won his case in the 9th US Circuit Court of Appeals who upheld his plea for free speech. Pepperdine Graphic

Heckova job, Kenny.

And Joe Fred?

“Now 24, he told reporters in March that he displayed the banner in a deliberate attempt to provoke a response from principal Morse, by whom he had been disciplined previously. But Frederick claimed his message of free speech is very important to him, even if the wording of the infamous banner itself was not.

"I find it absurdly funny," he said. "I was not promoting drugs. ... I assumed most people would take it as a joke." cnn

Justices Stevens, Souter, and Ginsburg agreed.

In dissent, Justice John Paul Stevens said, "This case began with a silly nonsensical banner, (and) ends with the court inventing out of whole cloth a special First Amendment rule permitting the censorship of any student speech that mentions drugs, so long as someone could perceive that speech to contain a latent pro-drug message."

If we want to have an actual dialog about drug policy in this country I urge you to read Alex’s post from yesterday and maybe every once in a while hold politicians accountable to the 50 year war on drugs or address the opium now growing in record numbers in southern Afganistan, or the over 250,000 people serving time for drug offenses, or the 82% of inmates who use any kind of drug at in state prisons, or the 78% who use in federal prisons (According to the DJO). Lets talk about that rather than wasting the time of the Juneau School Board, the 9th Circuit Court, the US Supreme Court, the ACLU, lawyers galore, and students across the US on this candyass BS that was a high school prank exploited by a principal who just wanted to flex seldom used power. If we're going to deal with the War on Drugs I got new for you "Just Say No" - it ain't a workin'. So lets start an actual dialog that includes real progress or some meaningful action instead of imaginary action.

On a personal note – my aunt become one of the over 250,000 who are serving time for drug related offenses when she was arrested on Monday for embezzlement making one of two of my family members now in jail and one of 4 who have been in jail for drug related offenses none of which included bongs, mary jane, or Jesus.

Seriously, can the US Government grow up.

Apologies for the delay in posting - internet isn't working at home - is there a geek in the house??? HAPPY FRIDAY and have a great 4th.