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June 19, 2013

Peter Grier and Harry Bruinius: In the end, NSA might not need to snoop so secretly after all

Howard LaFranchi: Taliban peace talks hold glimmer of hope, but also unanswerable questions

Warren Richey: Supreme Court: For right to remain silent, a suspect must speak
Meredith Cohn: Leeches are making a comeback as medical helpers

Kerri-Ann Jennings, M.S., R.D.: How to pick the healthiest breakfast cereal

The Kosher Gourmet by Cathy Pollak: Spicy Double Chocolate Banana Muffins

June 17, 2013

Rabbi Simcha Weinstein: Black to the Future: American Apparel Gets Biblical

Patrik Jonsson: Minnesota Nazi: How did Nazi hunters miss Michael Karkoc?

Kate Irby, Ali Watkins, Trevor Graff and Kevin Thibodeaux: All the ways you're being watched
Don Lee: G-8 meeting will test NSA leaks' effect on U.S. influence

Patrik Jonsson: Fort Hood shooting: Judge nixes Nidal Hasan defense strategy. What now?

Stacey Burling: Why the stigma for migraine sufferers?

The Kosher Gourmet by Lisa Abraham: Does it work? 5 new kitchen gadgets put to the test

June 14, 2013

Rabbi Abraham J. Twerski: A spiritual budget: Religious economics and being a ruler

John P. Martin: Hitler insider's missing diary found

Matt Pearce: NSA surveillance disclosure could affect court cases
Peter Tinti: US bounties changes strategy on (Wild, Wild) West African jihadis

Daniel Pendrick, M.D.: Memory loss? Old age may be the least of it

Lauren F. Friedman: But it's all natural! Should we have an instinctive preference for herbal remedies?

Jewz in the Newz by Nate Bloom : Streisand and Alicia Keys in Israel; "Girls" Stuff; Mel Brooks, Another TV special; Superman (who is Jewish) returns --- Israeli plays his mom

The Kosher Gourmet by Sharon K. Ghag : Bored with salad? Bling it up a bit (4 effortless recipes that will result in a 'WOW!')

June 12, 2013

Stephanie Hanes: Little girls or little women? The Disney princess effect

Fred Weir: In tweak to US, Russia would 'consider' asylum for Snowden

Sharon Palmer, R.D.: What's so special about Omega-3 supplements?
Morgan Housel: What newspapers were saying when you should have been buying

Pete Spotts: How cockroaches evolved so as to bypass 'roach motels'

The Kosher Gourmet by Anjali Prasertong: Deep-dish cookie: Warm, gooey and a little over the top

June 10, 2013

Joseph A. Slobodzian: Faith healing and third degree murder: Thorny legal case
Lindsay Wise: Few options for online users to avoid spying, experts say

Sharon Palmer, R.D.: There are plenty of nutritional food bargains out there
Harvard Health Letters: Can bariatric surgery control diabetes?

Zach Murdock: Superglue helps doctors save infant's life

The Kosher Gourmet by Celebrated chef Mario Batali : As good as grilling gets: Rib eye with dry mushroom spice rub

June 7, 2013

Rabbi David Aaron: Beating jealousy

Caroline B. Glick: Wounded . . . and dangerous

Clifford D. May: Al Qaeda vs. Hezbollah
Harvard Health Letters: Fighting back against allergy season

Kimberly Lankford: Grandparents who use FSA to cover grandkid's braces and other must-know info

Jewz in the Newz by Nate Bloom:J ewish Tony Nominees/Tony Awards; Jewish Teen Actor In Sci-Fi Flick; Jewish singer in "Voice" finals

The Kosher Gourmet by Anjali Prasertong: A tart filling so good it might not make it to the crust

June 5, 2013

John Rosemond: Mom, Dad: Talk More and listen less

Kristen Chick: Egypt court sentences 43 pro-democracy workers to prison

Sharon Palmer, R.D.: Mushrooms Have Medicinal As Well As Culinary Value
Morgan Housel: Why you never learn from your investment mistakes

Don Lee: In China, kindergarten rivalry takes deadly turn

The Kosher Gourmet by Sara Kate Gillingham-Ryan: 30-Minute Coq au Vin isn't a dream

June 3, 2013

Molly Hennessy-Fiske: Military judge to consider letting Fort Hood shooting defendant represent himself

Richard A. Serrano: Pvt. Bradley Manning's WikiLeaks trial also a test for government

Mark Trumbull: Have degree, driving cab: Nearly half of college grads are overqualified
Kim Lankford: What to do when long-term care insurance premiums rise

Deborah Netburn: Study: Adults' mouth bacteria may help babies

Jewz in the Newz by Nate Bloom: Jewish Contestant on 'The Voice'; Will Smith's 'Jewish movie family'; Bravo Gives Long Island Jews the Jersey Shore Treatment; Magicians and More

The Kosher Gourmet by Bill Ward: How to be as refined as the wines at a wine tasting

May 29, 2013

Andrew Connelly and Helene Bienvenu: The Little Synagogue that Refused to Die

Dennis Prager: The 'Muslims-Killed-by-the-West' Lie

David Clark Scott: Open war on teachers?
Morgan Housel: If you know only five things about investing, make it these

Sara Reardon: AGenome detectives change the donation game

Deborah Netburn: A one-way ticket to Mars? 78,000-plus and counting apply by video

The Kosher Gourmet by Bev Bennett: CHEDDAR AND CHERRY MUFFINS --- your mouth is already watering

May 24, 2013

Rabbi Tzvi Hersh Weinreb: When I didn't so 'humbly disagree'

Caroline B. Glick: Thank you, Hafez al-Assad

Diana West: From the Brooklyn Bridge to London
Morgan Housel: Why spotting bubbles is so much harder than you think

Environmental Nutrition editors: NuVal labeling to the rescue?

Jewz in the Newz by Nate Bloom : Memorial Day: Jews Serving and KIA in War on Terror; Liberace Bio-Pic; Jew Wins "Survivor"; Shalom, Dr. Brothers; More

The Kosher Gourmet by Emma Christensen: HIDE THESE FROZEN TREATS FROM THE KIDDIES!: Sangria pops; Irish cream pudding pops; mango Lassi pops

May 22, 2013

John Thorne: They launched the 'Arab Spring' but now yearn for the good old days of a strongman

John Rosemond: 'Disciplinary math' adds up to parental successl

Warren Richey: Are prayers before public meetings OK? Supreme Court to decide
Rick Montgomery: Use of ADHD drugs as study aid raises concern on campuses

Brierley Wright, M.S., R.D.: 6 convincing reasons you should keep carbs in your diet

Eoin O'Carroll: Scientists examine nothing, find something

The Kosher Gourmet by Carole Kotkin: This soup is made from one of the great pleasures of spring: A wonderful pairing of rosy color and earthy tang

May 20, 2013

Richard A. Serrano: Is Meir Kahane's assassin now a changed man?

Hannan Adely: Town raises Palestinian flag at City Hall

Melissa Healy: Genetic copies of living people from embryos no longer science fiction
Morgan Housel: When smart investors do stupid things

Sharon Saloman, M.S., R.D.: Hunger games: Eat more, weigh less, without starving

Jewz in the Newz by Nate Bloom : Jews Inducted into Rock Hall of Fame; Anton Yelchin co-stars in New "Trek" film; Kutcher (but not Kunis) visits Israel; Jewish TV Star Praises Jewish Rap Star

The Kosher Gourmet by Cathy Pollak: WARNING: This WALNUT CAKE WITH PRALINE FROSTING, perfect for afternoon coffee, is addicting


Jewish World Review July 2, 2007 / 16 Tamuz, 5767

Quandaries 4 Justices

By George Will


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http://www.JewishWorldReview.com | In January 2002, in Juneau, Alaska, Joseph Frederick had the sort of idea that makes a teenager seem like one of nature's mistakes. Last week, after five years and the attention of 13 federal judges, Frederick became a footnote in constitutional history.


His case illustrated how the multiplication and extension of rights lead to the proliferation of litigation. It also illustrated something agreeable in a disagreeably angry era — how nine intelligent, conscientious justices can civilly come to strikingly different conclusions about undisputed facts.


This story began in 1965, in Des Moines, when three teenagers wore to school black armbands to protest the Vietnam War. Their school said the bands or the students must go. The students kept the bands, were suspended, sued and won a 7 to 2 Supreme Court victory in 1969. The court said that students do not "shed their constitutional rights to freedom of speech or expression at the schoolhouse gate." One of the dissenting justices was Hugo Black, a fierce proponent of First Amendment rights who nevertheless warned that the decision denied schools "the power to control pupils."


Thirty-three years later, at a school-sanctioned and faculty-supervised event during school hours, students were watching the Olympic torch pass through Juneau en route to the 2002 Winter Olympics in Utah. Frederick and some friends, standing on a public street across from their school, unfurled a banner reading "Bong Hits 4 Jesus." The school's principal read that as endorsement of, even advocacy of, an illegal act (marijuana use) in violation of the school's stated policy and educational mission. She ordered Frederick and his friends to take the banner down. Frederick refused and was suspended from school for 10 days.


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He sued, claiming his First Amendment free speech rights were violated. A district court ruled against him, but a three-judge panel of the U.S. Court of Appeals for the 9th Circuit — the court most often reversed by today's Supreme Court — sided with him unanimously.


Although accepting that the banner was at a school event and endorsed drug use, the panel held that Frederick's rights had been violated because there was no finding that his speech threatened a substantial disruption of the school. Last week the Supreme Court disagreed, 5 to 4.


Chief Justice John Roberts, joined by Antonin Scalia, Anthony Kennedy, Clarence Thomas and Samuel Alito, noted that in 1986 the court, in a case arising from "lewd and indecent" student speech, did not conduct a "substantial disruption" analysis. Instead, that court held that, "in light of the special characteristics of the school environment," the rights of students "are not automatically coextensive with the rights of adults in other settings." And in another case, the court has recognized an "important — indeed, perhaps compelling" public interest in deterring drug use by children.


In concurring opinions, Thomas and Alito took strikingly different positions. Thomas said that nothing in the history of public education or the original understanding of the First Amendment suggests that students have any justifiable First Amendment rights. To confer constitutional protection on Frederick's "impertinence" would, Thomas said, be "farcical."


Alito, joined by Kennedy, stressed that in ruling against Frederick the court was condoning only restriction of speech advocating illegal drug use and that the ruling "provides no support for any restriction of speech that can plausibly be interpreted as commenting on any political or social issue." Alito seemed to share Thomas's view that Frederick's banner was less advocacy than "impertinence."


Stevens, dissenting and joined by David Souter and Ruth Bader Ginsburg, argued, plausibly, that Frederick's "nonsense banner" with its "oblique reference to drugs" hardly constituted "promoting" drug use, or advocacy with likely and "feared" consequences. One wonders: How does Stevens square this admirable First Amendment fastidiousness with his tolerance of McCain-Feingold's gross restrictions on the sort of speech that amendment's authors most valued — political advocacy?


Stevens, who in 32 years on the court has seen enough to know that one has never seen everything, mischievously wondered whether the majority justices would have allowed Frederick's punishment if his offense had been a banner reading "Wine Sips 4 Jesus," which could be read as advocating alcohol use but also as — communion wine? — "a protected religious message."


Somewhere, a teenager with an abnormal interest in the court and a normal zest for mischief might be thinking: Cool idea, Justice Stevens — I'll create a banner to test whether banning "Wine Sips 4 Jesus" would infringe my religious freedom. Endless distinctions can — actually, must — be drawn once a subject becomes a matter of constitutional litigation.

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