Pubdate: Thu, 28 Jun 2007
Source: Ventura County Reporter (CA)
Copyright: 2007 Southland Publishing, Inc.
Contact:  http://www.vcreporter.com/
Details: http://www.mapinc.org/media/2952
http://www.mapinc.org/people/Joseph+Frederick (Joseph Frederick)

COURTING INDEPENDENCE

Well, like it or not, checks and balances are here to stay, for now.

A rash of close decisions from the U.S. Supreme Court is driving home 
the significance of the judiciary as President Bush continues to 
flounder in his last two years in office and Congress fails to gain 
any traction (or public support), despite its overhaul after the 2006 
elections.

Much of our society -- a woman's ability to exercise the same rights 
as a man, the balance between free enterprise and opportunity for 
labor, freedom of speech, to name just a small slice -- hangs on the 
precipice between this court's conservative majority and its more 
liberal minority. But those who bemoan the court's new makeup as just 
another cog in the machine of a vast right-wing conspiracy miss the point.

The strength of the judiciary as an independent body has never been 
more clear. As concerning as some recent decisions have been, the 
Supreme Court continues to prove that the constitution is a living 
document, even if some of those conservative justices might argue otherwise.

This is the ebb and flow of our democracy. Perhaps one day soon 
enough we will elect a congress, a president, and state governments 
capable enough to govern effectively. Perhaps one day we will be able 
to turn on C-SPAN and watch rousing debates free of political 
machinations, debates that inspire, debates that the populace 
actually wants to switch off "American Idol" to watch. Perhaps one 
day voting for our leaders will electrify the public more than voting 
for our favorite pop star, and the decisions those leaders make will 
not be second-guessed in the courtroom. Until that day, however, we 
must take the good with the bad and welcome the fact that we can 
still second-guess in this country.

Still, even some Supreme Court cases are worth second-guessing. As 
Independence Day approaches, we should be particularly concerned 
about the "Bong Hits 4 Jesus," Case. On June 25, the court ruled in a 
6-3 margin that a principal in Alaska did not violate Joseph 
Frederick's rights when she suspended him for 10 days for displaying 
the banner at a school event welcoming the Olympic Torch as it passed 
through Juneau in 2002. Writing for the majority, Chief Justice John 
Roberts said that the principal was not liable for violating 
Frederick's free speech rights because it was reasonable to act to 
decide the banner promoted illegal drug use and that schools had the 
right to limit expression that contribute to "the dangers of illegal drug use."

It is troubling to assume that at their most formative years students 
shouldn't be granted the same rights they will be afforded as adults, 
particularly when they are expected to learn about and cherish those 
rights in school.

Yes, illegal drug use carries serious dangers, but speaking about 
dangerous actions cannot be considered a punishable offense, even 
among children.

On July 4, 231 years ago, what more dangerous expression was there 
than to declare independence from an empire and launch a war to 
establish a new country?
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MAP posted-by: Jay Bergstrom