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Focus (Forum & Focus)

Jul. 6, 2007

Missing the 'Bong Hits' Boat

Forum Column - By Glenn C. Smith - The Supreme Court could have avoided the sloppy free-speech jurisprudence of Morse v. Frederick through the use of qualified immunity.

FORUM COLUMN

By Glenn C. Smith
     
      If hard cases make bad law, the Supreme Court's handling of this term's high-profile "Bong Hits for Jesus" case shows that strange cases can make law that is especially bad, or at least especially problematic. Morse v. Frederick, 2007 DJDAR 9448 (U.S. Sct. June 25, 2007).
      The Morse decision held that, notwith...

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