This Boardbuzz* post on this week’s SCOTUS “Bong Hits For Jesus” free speech case is worth checking out.** See also, in addition to Kuhlmeier, the Bethel v. Fraser case, Fraser’s speech is online here. Three thoughts: First, if you can’t make these sorts of cases interesting and engaging when teaching constitutional law to high school kids, you really should be in another line of work. Second, I’m pretty leery of First Amendment infringements but per Boardbuzz, the free speech sky doesn’t fall when school administrators are allowed to maintain reasonable order in schools, there is a balance that can be struck. And third, the question of whether or not this was a school event is interesting. While I think Boardbuzz is right that had something really gone awry the school administrators would been blamed, that’s a political point. What I think this points to is all these increasingly murky areas that are quasi-school events or quasi-related via technology (meaning school related things that get played out online). A lot of complicated questions there.
*C’mon, the jokes are just too easy.
**I’m simply stunned, though, that AFTie John hasn’t been all over this case.