Decius wrote: Do those few words make a difference?
They do make a difference, because this sign was basically interpreted by the court as irreverant nonsense. Read the transcript- they spend half the time grilling Starr about whether this would have been removable if the sign had said "repeal the marijuana laws" or something similarly political. But "Bong Hits for Jesus"? The kid admitted he used this phrase because he thought it was funny and would attract media attention, but its not even clear that it makes any real statement about pot or Jesus. This is why the school though they could get away with this- its not protected political speech, its just druggie nonsense! The court really didn't seem to buy it. Why did they grant cert? The appeals court ruled for the student. Wouldn't freedom of speech be safter if they decided the circuit was so obviously corrent that it wasn't worth reviewing? Why did they decide to review it?
Read my blog and I have some links to the transcript and a slate article that puts this case in context. My understanding (as far as cert) is that this case was unique because the expression wasn't exactly on school property, but took place at a school sponsored event. Also, because drug and violence speech is usually repressable within the school, it made an interesting question that hadn't been looked at since Tinker. The circuits were split on what exactly were the bounds of the school's authority in this kind of case. I do think that this will be good for free speech if they come down for the students, because schools have been tightening the kinds of speech for years, and allowing them to regulate it in and out of school according to school policies (which of course, could be totally arbitrary) would be scary. Is the student really interested in money? How much was he awarded?
The answer is yes, he sued for damages, I'm guessing punitive. Like I said, this kid seems like kind of a jackass. The case isn't over yet so damages haven't been awarded yet, but Justice Roberts indicated that big damages weren't likely. (He was like, come on! Its a principle who was acting under the school's rules, you're really gonna ream her on damages?) I bet they get awarded court costs, which are fairly significant, but nothing else. RE: Whose Bong Would Jesus Hit? |