As a follow-up to my mini-rant about the DUI exception to the Constitution, it looks like the courts think there's a general "drug exception" to it, too (via Reason Hit & Run):
As I feared, the Court seems to be opening up a "drug exception" to the First Amendment, albeit limited (so far) to students in school. It's true that high school students do not have the same free speech rights as adults, but the Court has held that they do not "shed their constitutional rights to freedom of speech or expression at the schoolhouse gate." They have a right, for instance, to wear anti-war armbands. In that case, the Court held that student speech may be suppressed only if it will "materially and substantially disrupt the work and discipline of the school." A "mere desire to avoid the discomfort and unpleasantness that always accompany an unpopular viewpoint" or "an urgent wish to avoid the controversy which might result from the expression" is not enough to justify censorship. But fear of drugs apparently is.
An American citizen is an American citizen is an American citizen. High school kids should not be denied rights simply because they're forced to be in a classroom all day, and further, talking about a subject, however controversial, is a right that should not be infringed upon.
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