In this issue

Jonathan Tobin: Defending the Right to a Jewish State

Heather Hale: Compliment your kids without giving them big heads

Megan Shauri: 10 ways you are ruining your own happiness

Carolyn Bigda: 8 Best Dividend Stocks for 2015

Kiplinger's Personal Finance editors: 7 Things You Didn't Know About Paying Off Student Loans

Samantha Olson: The Crucial Mistake 55% Of Parents Are Making At Their Baby's Bedtime

Densie Well, Ph.D., R.D. Open your eyes to yellow vegetables

The Kosher Gourmet by Megan Gordon With its colorful cache of purples and oranges and reds, COLLARD GREEN SLAW is a marvelous mood booster --- not to mention just downright delish
April 18, 2014

Rabbi Yonason Goldson: Clarifying one of the greatest philosophical conundrums in theology

Caroline B. Glick: The disappearance of US will

Megan Wallgren: 10 things I've learned from my teenagers

Lizette Borreli: Green Tea Boosts Brain Power, May Help Treat Dementia

John Ericson: Trying hard to be 'positive' but never succeeding? Blame Your Brain

The Kosher Gourmet by Julie Rothman Almondy, flourless torta del re (Italian king's cake), has royal roots, is simple to make, . . . but devour it because it's simply delicious

April 14, 2014

Rabbi Dr Naftali Brawer: Passover frees us from the tyranny of time

Greg Crosby: Passing Over Religion

Eric Schulzke: First degree: How America really recovered from a murder epidemic

Georgia Lee: When love is not enough: Teaching your kids about the realities of adult relationships

Cameron Huddleston: Freebies for Your Lawn and Garden

Gordon Pape: How you can tell if your financial adviser is setting you up for potential ruin

Dana Dovey: Up to 500,000 people die each year from hepatitis C-related liver disease. New Treatment Has Over 90% Success Rate

Justin Caba: Eating Watermelon Can Help Control High Blood Pressure

The Kosher Gourmet by Joshua E. London and Lou Marmon Don't dare pass over these Pesach picks for Manischewitz!

April 11, 2014

Rabbi Hillel Goldberg: Silence is much more than golden

Caroline B. Glick: Forgetting freedom at Passover

Susan Swann: How to value a child for who he is, not just what he does

Cameron Huddleston: 7 Financial Tasks You Should Tackle Right Now

Sandra Block and Lisa Gerstner: How to Profit From Your Passion

Susan Scutti: A Simple Blood Test Might Soon Diagnose Cancer

Chris Weller: Have A Slow Metabolism? Let Science Speed It Up For You

The Kosher Gourmet by Diane Rossen Worthington Whitefish Terrine: A French take on gefilte fish

April 9, 2014

Jonathan Tobin: Why Did Kerry Lie About Israeli Blame?

Samuel G. Freedman: A resolution 70 years later for a father's unsettling legacy of ashes from Dachau

Jessica Ivins: A resolution 70 years later for a father's unsettling legacy of ashes from Dachau

Kim Giles: Asking for help is not weakness

Kathy Kristof and Barbara Hoch Marcus: 7 Great Growth Israeli Stocks

Matthew Mientka: How Beans, Peas, And Chickpeas Cleanse Bad Cholesterol and Lowers Risk of Heart Disease

Sabrina Bachai: 5 At-Home Treatments For Headaches

The Kosher Gourmet by Daniel Neman Have yourself a matzo ball: The secrets bubby never told you and recipes she could have never imagined

April 8, 2014

Lori Nawyn: At Your Wit's End and Back: Finding Peace

Susan B. Garland and Rachel L. Sheedy: Strategies Married Couples Can Use to Boost Benefits

David Muhlbaum: Smart Tax Deductions Non-Itemizers Can Claim

Jill Weisenberger, M.S., R.D.N., C.D.E : Before You Lose Your Mental Edge

Dana Dovey: Coffee Drinkers Rejoice! Your Cup Of Joe Can Prevent Death From Liver Disease

Chris Weller: Electric 'Thinking Cap' Puts Your Brain Power Into High Gear

The Kosher Gourmet by Marlene Parrish A gift of hazelnuts keeps giving --- for a variety of nutty recipes: Entree, side, soup, dessert

April 4, 2014

Rabbi David Gutterman: The Word for Nothing Means Everything

Charles Krauthammer: Kerry's folly, Chapter 3

Amy Peterson: A life of love: How to build lasting relationships with your children

John Ericson: Older Women: Save Your Heart, Prevent Stroke Don't Drink Diet

John Ericson: Why 50 million Americans will still have spring allergies after taking meds

Cameron Huddleston: Best and Worst Buys of April 2014

Stacy Rapacon: Great Mutual Funds for Young Investors

Sarah Boesveld: Teacher keeps promise to mail thousands of former students letters written by their past selves

The Kosher Gourmet by Sharon Thompson Anyone can make a salad, you say. But can they make a great salad? (SECRETS, TESTED TECHNIQUES + 4 RECIPES, INCLUDING DRESSINGS)

April 2, 2014

Paul Greenberg: Death and joy in the spring

Dan Barry: Should South Carolina Jews be forced to maintain this chimney built by Germans serving the Nazis?

Mayra Bitsko: Save me! An alien took over my child's personality

Frank Clayton: Get happy: 20 scientifically proven happiness activities

Susan Scutti: It's Genetic! Obesity and the 'Carb Breakdown' Gene

Lecia Bushak: Why Hand Sanitizer May Actually Harm Your Health

Stacy Rapacon: Great Funds You Can Own for $500 or Less

Cameron Huddleston: 7 Ways to Save on Home Decor

The Kosher Gourmet by Steve Petusevsky Exploring ingredients as edible-stuffed containers (TWO RECIPES + TIPS & TECHINQUES)

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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© 2006 WPWG