Con.Law junkies - what do you opine about the HIgh Court's 5-4 ruling?

Chief Justice Roberts' opinion, while well intentioned, in my opinion chips away at TINKER v. Des MOINES.........It, in essence, creates a situation where no public school student can ever advocate legalizing drugs - whether in an op-ed piece in the high school paper, or in an essay for Government class, or simply walking down the hall and telling a friend, "My grandma should be able to smoke pot for her glaucoma man." I'd have concurred in part in dissented in part. Justice Thomas' opinion to me seemed like something from the fifties......What do you all think?

Update:

Uh, "Think4Yourself," it cannot be "overturned." Think about that one for a while.

Update 2:

I mean, obviously the court can in fact overturn its own rulings, but that does not happen frequently.....They tend to go with the principle of Stare Decisis........

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  • 1 decade ago
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    I get what you are saying. the whole no one checks thier rights at the door thing, that was from tinker correct?

    It will be interesting to see how the opinion is later referenced by other courts, or even this one.

    this is such a fluid area of law. just like with the arm bands at the time of tinker, if people could be more forward looking now, they may see the contradiction here.

  • Anonymous
    1 decade ago

    I thought it was the right ruling. I also do not believe it chipped away at Tinker. Tinker and the subsequent cases all focused on well founded belief that the conduct will cause disruption in schools. Look at Bivens v. Albuquerque Public Schools – 890 f.supp. 556 where they allowed the school to ban saggy pants.

    There is also the issue as to whether or not this is speech. The student himself said he wasn't trying to send any specialized message. It was just jibberish.

    www.lawschoolstuff.net

  • 1 decade ago

    There is a reason the ruling was 5-4. It infringes on free speech so much that it may get overturned.

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