While I do not like the content of his shirt "Bong Hits 4 Jesus" I'm not sure that I like the ruling either. The part that bothers me is the reasoning behind the verdict. I'm treading in deep water with this, but according to the news report, it's the interpretation not intention of the speech that can be censored. Secondly it sets the precedent that a school can limit what a student does outside of school.
- Interpretation. While the communication model shows that information being transmitted is not always received as intended, I don't like the idea of the interpretation being the decisive factor in a free speech case. "Go kill liars" is clearly intended to incite some action. Namely that the listener is instructed to go kill liars. On the other hand, "God hates lying tongues" (Proverbs 6-16-17) is not inciting action. Based upon the reasoning reported by the news, however, I could be held accountable if someone took that statement as a call to action. (ie, if God hates something, it's bad, if it's bad we should kill it, therefore if God hates lying tongues, we should kill them) I however, do not intend to have anyone be killed, nor am I instructing anyone to kill.
- Outside of school. In general, I favor schools having some limits on what can be done on school property. The public is paying for the students to receive an education. As such if some activity (or speech) is detracting from the learning environment, the students are not getting what is being paid for. And no, I'm not advocating that all learning is acceptable. I don't think that learning how to build a bomb or attack a fixed position is what a middle school student needs to learn. What we (as paying customers) require for is the approved curriculum (the product) to be taught to the students. To ensure this process is successful, all disruptive behavior (ie, actions that impede the process) should be banned. The learning environment, however, does not include outside the boundaries (field trips being within the boundaries) of the school. As such, the school should have no jurisdiction over the students outside of those boundaries (the same principle as my argument why schools shouldn't ban students from having blogs, myspace, youtube, etc on their home computers).
The biggest problem I have is when these two principles are combined they form a horrible situation. If some school administrator decides that students espousing religious views outside of school can interpreted as inciting wrongful behavior guess what happens? It then becomes wrong for the student to espouse those views.
For example:
- All Sinners go to hell
- All have sinned
- All are going to hell
- Jesus is the only way to heaven
- All who do not go to heaven will be thrown into the lake of fire
Those statements are very basic beliefs of Christianity. And they are confrontational. They are not nice, safe, politically correct statements. Should a student be punished for saying them? No. Should a school be the place to proselytize? No - that would disrupt the learning environment. We can't just limit the religious instruction to ideals that we "agree" with - that would be unconstitutional and wrong. But neither should any school be allowed to limit what religion a student follows.
It's not here yet, but soon Christians will again have to start breaking the "law" just like Peter did. Am I advocating that you break all laws? Nope. The only "law breaking" would be against the (future) interpretation of the 1st Amendment: Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech...