New Justice starts to earn his keep

From The Washington Post:

Justice Samuel A. Alito Jr. made it clear as he began taking questions at yesterday's National Italian American Foundation luncheon that he couldn't reveal any of the Supreme Court's forthcoming opinions.

But did he at least give a hint?

Two of the court's biggest remaining cases focus on the First Amendment, and while Alito didn't mention either, he did make it clear that any restrictions on speech face a high hurdle with him.

"I'm a very strong believer in the First Amendment and the right of people to speak and to write," Alito said in response to a question of "where's the line" on what can be posted on the Internet. "I would be reluctant to support restrictions on what people could say."

The newest justice, who was protective of speech rights as an appellate judge, added that "some restrictions have been held to be consistent with the First Amendment, but it's very dangerous for the government to restrict speech."

Alito's vote is expected to be influential and perhaps decisive in two of the court's biggest cases concerning free-speech restrictions.

One is the "Bong Hits 4 Jesus" case in which the court is examining whether a principal violated the rights of a student who unfurled that message along a parade route across from the school. It's considered the most important student speech case to reach the court in decades.

And the court is also deciding a challenge to a part of the McCain-Feingold campaign finance law that says corporations, unions and special interest groups may not name federal candidates in ads broadcast in the run-up to elections. A group called Wisconsin Right to Life says that is an unconstitutional infringement on free speech.

In the "Bong Hits 4 Jesus" case the students at a high school which was located on the route which the Olympic Torch was taking were dismissed from class during the last period and told to assemble along the sidewalk to greet the Torch as the runner passed by. Kids from schools all over the area were being bussed in to line the parade route as well.

When the Torchbearer ran by a student named Joseph Frederick unrolled a banner which said "Bong Hits 4 Jesus". The principle of the school saw it and suspended Frederick for violating the school’s policy of promoting illegal substances at a school-sanctioned event.

There are good arguments which can be made for both sides in this case and it will be interesting to see how the court rules.

In the case of McCain-Feingold let us hope that Alito joins a new majority in driving a stake through this monster's heart once and for all.