Bong Hits 4 SCOTUS? No Thank You
They prefer crack, thank you very much.
Because why else would the justices rule against noble, crusading students, and in favor of the mean old school officials, in Morse v. Frederick -- aka the "Bong Hits 4 Jesus" case?*
But free speech proponents shouldn't despair. Over at SCOTUSblog, Marty Lederman notes:
Morse is a very limited holding -- essentially limited to the drug context. The Alito concurrence, joined by Kennedy, is controlling. He writes:I join the opinion of the Court on the understanding that (a) it goes no further than hold that a public school may restrict speech that a reasonable observer would interpret as advocating illegal drug use and (b) it provides no support for any restriction of speech that can plausibly be interpreted as commenting on any political or social issue, including speech on issues such as 'the wisdom of the war on drugs or of legalizing marijuana for medicinal use.'”
In other words: Hey liberals, this Alito guy might not be as bad as you thought.
* As we previously observed, petitioner Deborah Morse, one of the prevailing school officials, is "a curvaceous, dark-haired beauty." But we would hope that Supreme Court justices would decide cases based on the merits, not on the attractiveness of the parties.
Of course, sometimes both factors point in the same direction. See, e.g., Marshall v. Marshall -- the Anna Nicole Smith case.
Quick Preliminary Notes on Hein and Morse [SCOTUSblog]














Comments
first
Posted by: Anonymous | June 25, 2007 12:20 PM
Beauty? Come on, Lat. I wouldn't normally care to comment on someone's looks, but since you brought it up, she's gross.
Posted by: Anonymous | June 25, 2007 12:52 PM
Portsmouth to $35 and a ham sandwich!
Posted by: Anonymous | June 25, 2007 12:55 PM
Check this out - Thomas's concurrence - Tinker should be overruled and public school students should have NO FIRST AMENDMENT RIGHTS WHATSOEVER.
Posted by: Anonymous | June 25, 2007 12:56 PM
so, ATL doesn't do original content anymore?
Posted by: Anonymous | June 25, 2007 12:57 PM
"Portsmouth to $35 and a ham sandwich!"
Nice.
Posted by: Anonymous | June 25, 2007 12:59 PM
Is David Lat gay?
If so - why is he defending the religious right's position??
The religious right hates gays and thinks they are child molesters and would lock them up if they could.
Alito posed for a photo with Andrea Lafferty after he was confirmed. She worked hard to get him confirmed. She runs the Traditional Values Coalition. A virulent anti-gay hate group that has a repugnant linking gay rights activists with child molesters.
Posted by: M | June 25, 2007 01:00 PM
"Hey liberals, this Alito guy might not be as bad as you thought."
Or he wants to make sure that students can put Bible verses on signs without fear of censure.
Posted by: alito | June 25, 2007 01:10 PM
"why is he defending the religious right's position??"
Maybe because he thinks they are correct on that particular issue? There shouldn't be any more to it than that.
Posted by: Anonymous | June 25, 2007 01:17 PM
Anna Nicole's case before the SC was successful on a very narrow jurisdictional question; in the larger context, her case appears fairly weak. For example, when given the chance to hear all the evidence, the Texas Probate Court ruled against Anna Nicole on every single claim (unlike the California Bankruptcy Court, which prevented the Marshall family from presenting most of its pertinent evidence and thus found in Anna Nicole's favor).
Posted by: TheMasonic | June 25, 2007 01:20 PM
I'm so glad the Portsmouth train is up and running again--let's push it to $50!! With enough posts one of the Bangles will have to give in.
Posted by: Fast Eddie P. | June 25, 2007 01:33 PM
What an incredibly narrowly-tailored stupid holding that appears to be impossible to properly apply. Way to go conservatives! So now everytime a student wants to discuss illegal drugs in school, he or she must make sure that it's very clear that he/she is making a substantive statement predicated on social or political ideology...not one that's, um, unsubstantive based upon, um...?
Posted by: Legally Chocolate | June 25, 2007 01:39 PM
BONG HITS 4 JESUS, B/C THEY MEDICALLY HELP?
Posted by: Anonymous | June 25, 2007 01:49 PM
BONG HITS 4 JESUS'S GLAUCOMA.
Posted by: Anonymous | June 25, 2007 02:26 PM
Lat is not defending the right's position, he's defending the pro-free-speech position (which maybe could be viewed as right/libertarian, but it sounds like the conservatives wanted to go farther than Alito did).
Posted by: Anonymous | June 25, 2007 02:31 PM
Monmouth Park Racetrack: Fast times at the Jersey Shore!
The Broadway Diner in Red Bank is amazing and wonderful.
Posted by: Anonymous | June 25, 2007 02:45 PM
I don't agree. This is a "bad" decision. But first let me say I am one of those who has *never* even tried marijuana, and I think illegal (and much legal) drug use is not a wise activity. However, I support the First Amendment 100%, and I, as an adult, quite ironically, had already considered unfurling a banner at every school function that says "Bong Hits 4 U.S. Supreme Court." And Justice Thomas should be impeached for his general hostility to the Bill of Rights.
Posted by: Daniel Quackenbush | June 25, 2007 02:51 PM
Lat - Alito's concurrence should placate liberals? What a supremely stupid thing to say. Do you seriously think that we should be happy because Alito is at least to the right of Thomas? Please.
Posted by: whatevski | June 25, 2007 02:54 PM
Left of Thomas. Not right. Whatevski.
Posted by: whatevski | June 25, 2007 02:56 PM
The credited (and protected) banner is
OVERRULE BONG HiTS 4 JESUS
Posted by: Anonymous | June 25, 2007 04:01 PM
WINE HiTS 4 JESUS
Posted by: Anonymous | June 25, 2007 04:18 PM
WINE SiPS that is...
Posted by: Anonymous | June 25, 2007 04:20 PM
BONG HiTS FOR THOMAS . . . and then dinner at Long Dong Silvers
Posted by: anonymous | June 25, 2007 04:44 PM
Whatevski: Actually, considering that Justice Alito was nominated by a Republican President and under a Republican Congress, I would think that liberals should be happy that he is only moderately right-of-center and to the left of the two conservative Justices. Clinton appointed two Justices that were far more to the left than Alito or Roberts are to the right, and that was when his party had a minority in Congress.
Of course, if you are an official member of the Angry Left who believes that Justice Anthony "sodomy is a mystery of human life" Kennedy is a conservative, I wouldn't expect you to be happy with anything.
Posted by: Fed Soc | June 25, 2007 07:29 PM
"Clinton appointed two Justices that were far more to the left than Alito or Roberts are to the right, and that was when his party had a minority in Congress."
Are you kidding? Breyer and Ginsburg are moderate liberals. The only reason people think of them as on the left is because the Court is heavily skewed (7 out of 9) with Republican nominees. No way is either Breyer or Ginsburg near as left as Alito is far right (judging from his SCOTUS opinions so far, which are a small sample). O'Connor was a moderate conservative--Alito is nowhere near her.
I understand that you are a very political person, Fed Soc, but try to take off your partisan blinders and view this from an objective viewpoint.
Posted by: Anonymous | June 26, 2007 12:27 AM
The only way Ginsburg or Breyer can be considered as closer to the center than Alito or Roberts is if you consider the mainstream to be the Supreme Court's jurisprudence prior to their appointment, as influenced largely by the Warren Court. If you agree, as I do, that the Warren Court's jurisprudence is to the extreme left, then any Justice who does not actively want to overturn much of this jurisprudence would be a leftist.
On virtually every issue, "conservative" justices are only asking that the Constitution not be rewritten to promote the left's agenda, and nothing more. Take abortion, for example. The Constitution says nothing about it and so centrists would maintain that there is no right to abortion. Liberals can make up arguments why it is constitutionally protected; similarly, conservatives could argue that states are required to prohibit abortion on due process or equal protection grounds (this would not be "crazy", especially if you consider that a great deal of people see abortion as murder). If the conservatives on the Court were as far to the right as the liberals are to the left, they would not be content saying that the Constitution is silent on abortion, they would actually say that abortion is clearly prohibited by the Constitution.
Posted by: Fed Soc | June 26, 2007 09:14 AM