"Bong Hits 4 Jesus"
Even CNN couldn't have made this stuff up!
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"Former independent counsel Kenneth Starr argued for the principal that a school "must be able to fashion its educational mission" without undue hindsight from the courts.
That brought swift skepticism from some justices.
"There was no classroom here," said Kennedy.
"This was education outside a classroom," replied Starr of the torch relay observation.
"What did it disrupt on the sidewalk?" asked Souter of Frederick's banner.
"The educational mission of the school," was Starr's answer.
"The school can make any rule that it wants on any subject restrictive of speech, and if anyone violates it, it's disruptive?" asked Souter.
Justice Samuel Alito, alone among his conservative bench mates, appeared sharply critical of the school's position
"I find that a very, very disturbing argument," he said, "because schools have and they can define their educational mission so broadly that they can suppress all sorts of political speech and speech expressing fundamental values of the students, under the banner of getting rid of speech that's inconsistent with educational missions."
Several on the bench tried to test the limits of what kinds of speech the schools could control. Many were clearly grasping at a proper balance.
Justice John Roberts wondered whether a button that said "Legalize Marijuana" would be political speech.
Souter asked about whether a "substantial disruption" would exist if a student flashed a small sign in class saying "Bong Hits 4 Jesus."
What about a button that advocated rape, asked Kennedy.
Or a button that read "Extortion is profitable" said Justice Antonin Scalia.
"Suppose that this particular person had whispered to his next door neighbor, 'Bong Hits 4 Jesus, heh heh heh,' " speculated Justice Stephen Breyer.
Justice Ruth Bader Ginsburg suggested Frederick's banner was ambiguous enough not to support claims he was promoting illegal drug use. "One can look at these words and say it's just nonsense," she said. "It isn't clear that this is 'Smoke Pot.' "
Souter called it "just a kid's provocative statement."