See the last sentence.
Up in Smoke at the High Court
By Dana Milbank
Tuesday, March 20, 2007; A02
So maybe this is why all those figures in the Supreme Court friezes are wearing togas.
As Ken Starr told the nine justices yesterday why a student’s “Bong Hits 4 Jesus” banner didn’t qualify as free speech, the whole bunch of them sounded one toke over the line.
“So if the sign had been ‘Bong Stinks for Jesus,’ that would be . . . a protected right?” asked Ruth Bader Ginsburg.
“Suppose that this particular person had whispered to his next-door neighbor, ‘Bong hits for Jesus, heh, heh, heh’?” contributed Stephen Breyer.
“What if the sign said ‘Bong Hits Should be Legal’?” queried John Paul Stevens.
Anthony Kennedy got really psychedelic. “Suppose the banner said ‘Vote Republican’?”
David Souter inhaled. Imagine, he said, that the student “just holds a little sign in the Shakespeare class that says ‘Bong Hits 4 Jesus’ . . . and they say, ‘Well, so-and-so has got his bong sign again.’ They then return to ‘Macbeth.’ “
Far out. Antonin Scalia wanted a turn. “Smoke Pot, It’s Fun,” he proposed.
” ‘Rape Is Fun’?” offered Kennedy.
” ‘Extortion Is Profitable’?” Scalia rejoined.
“One could look at these words and say it’s just nonsense,” Ginsburg concurred. “It isn’t clear that this is ‘Smoke Pot.’ “
But Scalia was moving on. “How about the student who calls out, ‘Drugs are good for you — I use them all the time’?” he proposed. “That’s perfectly okay?”