SCOTUS protects political speech

Today the Court refused to hear an appeal of a case that would be the first to test the latest free speech ruling. The background:

A seventh-grader from Vermont was suspended for wearing a shirt that bore images of cocaine and a martini glass — but also had messages calling President Bush a lying drunk driver who abused cocaine and marijuana, and the "chicken-hawk-in-chief" who was engaged in a "world domination tour."

After his suspension, Zachary Guiles returned to school with duct tape covering the offending images.

Williamstown Middle School Principal Kathleen Morris-Kortz said the images violated the school dress code, which prohibits clothing that promotes the use of drugs or alcohol.

An appeals court said the school had no right to censor any part of the shirt.

Alito's political speech exception was the controlling ruling. "Bong hits 4 Jesus" is unacceptable, but "Bad Bush Hits Bong" is apparently okay.

Perhaps we pessimists have reason to be a little less pessimistic. (Outright optimism is a stretch.)

sorry, Jesus: no bong hits for you

Joseph Frederick has lost his free speech case.

Joseph Frederick unfurled his homemade sign on a winter morning in 2002, as the Olympic torch made its way through Juneau, Alaska, en route to the Winter Olympics in Salt Lake City.

Frederick said the banner was a nonsensical message that he first saw on a snowboard. He intended the banner to proclaim his right to say anything at all.

His principal, Deborah Morse, said the phrase was a pro-drug message that had no place at a school-sanctioned event. Frederick denied that he was advocating for drug use.

"The message on Frederick's banner is cryptic," Roberts said. "But Principal Morse thought the banner would be interpreted by those viewing it as promoting illegal drug use, and that interpretation is plainly a reasonable one."

I've already written elsewhere:

While academics might posit that meaning is a function of the text, or of the author's intent, or of a transaction between author and reader mediated via text, when it comes to this case, school administrators are essentially reader response theorists. What matters isn't what Frederick wrote, so much as what effect it would have on its readers, no matter how nonsensical the message.

Chief Justice John "Stanley Fish" Roberts, writing for the Court, essentially adopted that hermeneutic.

Update: The opinion is here [pdf].

Update II: This is how the Court's thinking has evolved over time: from "materially and substantially disrupt the work and discipline of the school" (the Tinker standard) to "inconsistent with the school's educational mission" (the ham-fisted administrator standard).

Update III: Law prof Eugene Volokh tries to understand Alito's ruling, which he sees as controlling the case.