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Monday, June 25, 2007

U. S. Supreme Court: No "bong hits" for students; Clean water first; Have faith; and, Run those issue ads.


In a few published opinions today, the U. S. Supreme Court has decided (5 to 4) as I predicted here in the "Bong hits for Jesus" case, Morse v. Frederick, 551 U. S. _ (2007), 06-278, that schools may constitutionally limit students' free speech rights that can reasonably be interpreted to advocate drug use (an illegal activity).

In another case, National association of Home Builders, Et Al V. Defenders of Wildlife, Et Al, 551 U. S. _, 06-340, the Court sided (5 to 4) with developers and the Bush administration in a dispute with environmentalists over protecting endangered species, ruling that the clean water law trumps the endangered species law when the EPA hands authority to a state to issue water pollution permits to land developers.

In yet another 5 to 4 decision case, Hein, Et Al v. Freedom From Religion Foundation, Inc., the Court ruled that ordinary taxpayers cannot challenge a White House initiative that helps religious charities get a share of federal money.

Continuing its 5 to 4 decision trend, the Court ruled in the so called issue ad case, Federal Election Commission v. Wisconsin Right to Life, Inc., 551 U. S. _ (2007), 06-969, that corporate- and union-funded television issue ads -- issue ads are ads that cast candidates in positive or negative lights while stopping short of explicitly calling for their election or defeat -- that air close to elections were proper. The ruling upheld a Wisconsin Appeals Court decision that an anti-abortion group should have been allowed to air ads during the final two months before the 2004 elections, dealt a SEVERE blow to the McCain/Feingold campaign finance law, and cast SERIOUS doubt on the issue ad's prohibition's constitutionality.

All these 5 to 4 decisions suggest a huge ideological rift widening amongst SCOTUS members.

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4 Comments:

Blogger Swamproot said...

Looks like corporations, labor unions, and wealthy landowners win, the environment, young people (who are doing most of the time for marijuana "crimes") and regular voters who can't afford to spend a lot of money on Politics lose. The Religious Right got a mixed bag, with the win on faith-based initiatives, but losing some of their first amendment rights should "Discrimination based upon sexual preference" ever make it into hate crimes legislation, and some kid gets thrown out of school for wearing a "God made Adam and Eve, not Adam and Steve" tshirts.

More rights for "Corporate Citizens" and less for flesh and blood citizens. When the "conservatives" start caring about protecting the first amendment, for actual people, not corporations, as much as they do the second, I might pay them more attention.

Lets not stop the sale of assault weopons or armor-piercing bullets, but some kid had better not unfurl a stupid banner. This is not anywhere near screaming a "fire" in a crowded theater. Yeah, hitting the bongs are illegal here in Kentucky, but so was a Black man using a white man's water fountain a mere 50 years ago. More people die each year from the "Constitutionally Protected" right to bear arms than from marijuana use, which HAS NO LETHAL DOSAGE, unlike alchohol. Marijuana is illegal now because it was used primarily by Blacks and Mexicans in the thirties, it is one of the last Jim Crow laws on the books. But lets not talk about that, it might not be "free speech", but rather might "be interpreted by those viewing it as promoting illegal drug use".

What's going to harm those stupid kids is getting a criminal record and going to jail for violating that old jim crow law. Not to mention having $100 million dollars of federal money diverted that could be spent fighting meth and cocaine.

6:07 PM  
Blogger KYJurisDoctor said...

True, true. You have made some valid points, indeed.

12:29 AM  
Blogger Swamproot said...

Why thank you, I had feared you would just label me a whacko liberal. :-)

This guy had a similar perspective on the absurdity of it all, which you may or may not appreciate.

1:43 PM  
Blogger KYJurisDoctor said...

There are wackos in every political persuasion!

12:36 AM  

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