Don't know if you've been following the strange case of BONG HiTS 4 JESUS.

Basically, a student was told by the school principal to remove this
banner from a public event, on the grounds that it promoted illegal drug
use, and he sued, claiming First Amendment protection. It got to the
Supreme Court.

The judgement is interesting, but the best bit is the concurring opinion
by Justice Clarence Thomas. It's a great little potted history of the
decline and fall of the US school:

http://www.supremecourtus.gov/opinions/06pdf/06-278.pdf (see p.19)

And Harry Reid said that he couldn't accept Thomas's nomination as chief
justice because he's an "embarrassment" to the Supreme Court whose
opinions are "poorly written"! (http://www.msnbc.msn.com/id/6646457/)

"Because schools may take steps to safeguard those entrusted to their care from speech that can reasonably be regarded as encouraging illegal drug use, the school officials in this case did not violate the First Amendment by confiscating the pro-drug banner and suspending Frederick."


The guy has no chance. Why the decline of US schools?

Sorry I should of added from page 19 onwards.

there is no free speech, even in the U.S. If your speech is too provocative, you can be charged with inciting the masses or something to that effect. Pure free speech is a dangerous thing, not because it invites new ideas, but because it lends itself to exploitation by base elements, and thus, to effect laws which curb certain types of speech, is a safeguard to the public, to protect the public against the exploitation of free speech. Consider it quality control. It's the same thing in the "free market", where there are safeguards in place to prevent the exploitation of the market. These safeguards are desirable. Whether we need to safeguard against "Bong hits for Jesus" is another matter, and my own opinion is that the Supreme Court got it wrong on this one. But this doesn't invalidate the utility or desirability of having such safeguards in place in the first place; it simply highlights the fact that the system isn't perfect. But having no safeguards in place would be much worse. And so the solution is to improve on the safeguards so as to maximize freedom of quality or otherwise desirable speech while minimizing freedom of exploitative, deceptive, and insidious speech.

As to the decline of U.S. schools, I see no evidence for this at the university level, and by all measures I've seen, U.S. universities are still the best in the world. Grade schools and high schools are a different matter though.

I basicly agree with LD's position. However, there has been a drastic loss of freedom in USA particularly in the last 6 years or so since 9-11. Now we have "free speech zones" in which those who have a different opinion than that of the president or some other group are forced to go if they want to peacefully engage in free speech. As little as a T shirt will get you arrested if they don't like the message.

It isn't just the republicans doing it, the left will do it too. There was a gay pride festival in my area not too long ago and they had a "free speech zone" too. It was for those who did not like the idea and wanted to express their opinions either verbally or with signs.

Bill of Rights

Amendment I

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.