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Stretching the Constitution

Daniel Henninger had an op ed about the Bong Hits 4 Jesus case (Morse v. Frederick) coming before the Supreme Court in yesterday's WSJ. He traces the problem of the Supremes inappropriately moving the free speech border to a case in 1969 when during the Vietnam War it ruled that high schoolers could violate school policy and call it "protected speech."

Although the "Bootleggers and Baptists" theory applies primarily to regulation, the concept of two diametrically opposed value systems joining forces for unrelated goals is apparent in this case. Christian groups have filed friend of the court briefs for this pro-drug speech case. Why? So their kids can wear t-shirts proclaiming pro-life and other Christian slogans in school. I don't think the Bloods and the Crips have filed, but they probably could on colors being protected speech. What a can of worms!

What are the unintended consequences of the Supremes throwing local schools overboard, expecting principals to wade to shore in a sea of confusing cases? Rich liberals like Al Gore and Jesse Jackson just sent their kids to private schools (don't know about Jackson's love child), as do conservative Christians, and millions of parents have decided to homeschool their kids rather than have local standards set in Washington.

Story here

Supreme Court, Morse v. Frederick, unintended consequences