Monday, March 19, 2007

"Bong Stinks for Jesus" and a lot of "unfurling"

Oral argument was heard today in Morse v. Frederick (aka, that case in Alaska where the kid unfurled a 15' sign that read "Bong Hits for Jesus" where the Olympic torch was being carried through town, and was suspended).

The oral argument transcript (here) is a good read, but it gets a bit boring towards the end. There is something surreal about having the SCOTUS discussing high school truancy and bong hits. Here are some fun highlights from "Fast Times at SCOTUS High:"

JUSTICE GINSBURG: So if the sign had been "Bong Stinks for Jesus," that would be, and Morse had the same reaction, that this was demeaning to the Olympics and it was unruly conduct, that there would be a protected right under Tinker because the message was not promoting drugs?


JUSTICE BREYER: Suppose that this particular person had whispered to his next door neighbor, "Bong Hits 4 Jesus, heh heh heh," you know. Supposed that's what had happened?

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