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?”

Read in full.

Post comment

Forbidden Bookshelf

Forbidden Bookshelf

“While We Were Sleeping”

While We Were Sleeping is an urgent call to save Greenwich Village from New York University's uncontrolled expansion.

Click here to donate to NYUFASP and receive a copy of "While We Were Sleeping: NYU and the Destruction of New York" (minimum donation to receive a book is $10 plus $8 shipping).

Orwell Rolls In His Grave, featuring MCM – Buy the DVD

About News From Underground

News From Underground is a daily e-news service run by Mark Crispin Miller, a Professor of Culture and Communication at NYU. It is based on his belief that academics, like reporters, have a civic obligation to help keep the people well-informed, so that American democracy might finally work.

If you'd like to receive updates delivered to your inbox daily, sign up for News From Underground Alerts:

Help News From Underground!

Message from Mark: "I am a one-man operation, although assisted greatly by some volunteers, and, now and then, by people paid by others for one-time projects. There is no shortage of skilled, dedicated folks out there who want to help me. There is, however, nothing I can pay them with, unless you decide you can contribute something."

Please donate via the PayPal button above or via PayPal by email to:

Recent Posts

Recent Comments

Popular Posts


Need a bigger font size?

Sponsored Links

  • Your link could be here too, contact us for pricing details.