Condonation of a breach enhances the probability. Expressions of approval add to the probability. But even advocacy of violation, however reprehensible morally, is not a justification for denying free speech where the advocacy falls short of incitement and there is nothing to indicate that the advocacy would be immediately acted upon.
California , U. New York , U. The Court rejects outright these twin foundations of Tinker because, in its view, the unusual importance of protecting children from the scourge of drugs supports a ban on all speech in the school environment that promotes drug use. Whether or not such a rule is sensible as a matter of policy, carving out pro-drug speech for uniquely harsh treatment finds no support in our case law and is inimical to the values protected by the First Amendment.
Acton , U. See Bethel School Dist.
Willing the Good: Jesus, Dissent, and Desire
Fraser , U. But it is one thing to restrict speech that advocates drug use. It is another thing entirely to prohibit an obscure message with a drug theme that a third party subjectively—and not very reasonably—thinks is tantamount to express advocacy. Patten , F. The Board specifically prohibits … any assembly or public expression that.
Connecticut , U. But instead of demanding that the school make such a showing, the Court punts. The beliefs of third parties, reasonable or otherwise, have never dictated which messages amount to proscribable advocacy. Indeed, it would be a strange constitutional doctrine that would allow the prohibition of only the narrowest category of speech advocating unlawful conduct, see Brandenburg , U. Such a peculiar doctrine is alien to our case law. United States , U. The dissent instead ridiculed that judgment: Collins , U.
"Willing the Good: Jesus, Dissent and Desire" by Paula Cooey
Louisiana , U. Consumers Union of United States, Inc. This is a nonsense message, not advocacy. Admittedly, some high school students including those who use drugs are dumb.
Most students, however, do not shed their brains at the schoolhouse gate, and most students know dumb advocacy when they see it. The notion that the message on this banner would actually persuade either the average student or even the dumbest one to change his or her behavior is most implausible. That the Court believes such a silly message can be proscribed as advocacy underscores the novelty of its position, and suggests that the principle it articulates has no stopping point. Wisconsin Right to Life, Inc. See also ante , at 2 Breyer , J.
Although this case began with a silly, nonsensical banner, it ends with the Court inventing out of whole cloth a special First Amendment rule permitting the censorship of any student speech that mentions drugs, at least so long as someone could perceive that speech to contain a latent pro-drug message.
Our First Amendment jurisprudence has identified some categories of expression that are less deserving of protection than others—fighting words, obscenity, and commercial speech, to name a few. Rather than reviewing our opinions discussing such categories, I mention two personal recollections that have no doubt influenced my conclusion that it would be profoundly unwise to create special rules for speech about drug and alcohol use.
The Vietnam War is remembered today as an unpopular war.
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That dominant opinion strongly supported the prosecution of several of those who demonstrated in Grant Park during the Democratic Convention in Chicago, see United States v. Dellinger , F. She shows how a strong affirmation of dissent as a Christian duty can inform a more open and faithful church as well as a publically relevant Read more Read less Length: Kindle Edition File Size: Fortress Pr; 1 edition 1 August Sold by: Not Enabled Word Wise: Not Enabled Average Customer Review: Be the first to review this item Would you like to tell us about a lower price?
Although Christianity began as a dissident movement and in the Reformation recreated itself through dissent, traditional Christianity has always been uneasy with dissent and pluralism. Whether directed against the church itself or the larger society, dissent has been most often met with ridicule and persecution. She shows how a strong affirmation of dissent as a Christian duty can inform a more open and faithful church as well as a publically relevant.
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