Impassioned protests following the mass shooting at a Florida high school culminated over the weekend with marches on Washington, D.C., and other cities. To properly evaluate these spectacles, let’s suspend for the moment Aristotle’s recommendation that the youth should not study politics because they are ruled by their passions rather than reason.
Their anguished voices merit more than condescension. But they have not generally received a serious response, even from those who support their efforts. The best possible start is to consider the view not just of their own “out of it” fathers, but the view of those even more “out of it” fathers, the bewigged gentlemen we call America’s Founders.
In the current controversy we can get to that view by consulting the best adult guide we have on hand and he is that most distinguished American, Justice Clarence Thomas. He teaches us from the grounds of constitutionalism—how citizens ought to debate politics, elect representatives, and advance policies. These practices reflect the purpose of a First Amendment that defended the freedom of speech, press, and assembly. Going beyond the other justices, he argues that neither the First Amendment nor the 14th amendment was intended for kids.
Having gained notoriety as the “BONG HiTS 4 JESUS” case, Morse v. Frederick (2007) pared back the court’s calamitous decision in Tinker v. Des Moines Independent Community School District (1969), which asserted that school kids are presumed to have the First Amendment rights of adults. The justices in Tinker embodied the spirit of the 1960s.
In Morse v. Frederick, Chief Justice John Roberts reaffirmed the right of school officials to exercise discipline. The justices ruled that a high school student did not have the right to sue his school’s principal, who suspended the teen for displaying a banner at a school event that read, “BONG HiTS 4 JESUS.” (The student wanted his banner back, too.) Concurring, Justice Samuel Alito went further, presciently noting, “School attendance can expose students to threats to their physical safety that they would not otherwise face . . . . Experience shows that schools can be places of special danger.” Not just rights to speech but also rights to privacy and other civil liberties may be restricted, he implied.