[therut]

Go check out Volokh Conspiracy. His blog is good as he is a great 1st amendment Constitutional Scholar. He gives this ruling a big thumbs down and says the 9th Circus has set itself up for a 9-0 smack down from the USSC. Not that that is unusual.

[nicollo]

Thanks for the suggestion to check out the Volokh Conspiracy. Good take. The distinction he makes from Tinker and this case is that Tinker remained "value-neutral," whereas this decision reasons upon the Court's perspective of right and wrong as opposed to Tinker's more objective take on disruption of a school's mission. Even there, however, Judge Kozinski correctly slams the school for having allowed the gay protest day. Clearly, the t-shirt this young man wore was appropriate to that discussion.

As the attorny for the kid put it, what's at trial here is political-correctness, not hate speech or disruption. Sadly, this decision is more rather than less reflective of the popular will of Southern CA. So much for the sanctity of majority rule.