London Falling

Ken AshfordWar on Terrorism/TortureLeave a Comment

…and that’s not all:

A secret U.S. law enforcement report, prepared for the Department of Homeland Security, warns that al Qaeda is planning a terror "spectacular" this summer, according to a senior official with access to the document.

"This is reminiscent of the warnings and intelligence we were getting in the summer of 2001," the official told ABCNews.com.

Perceived greatest threat to global securityAnd we know how much Bush paid attention to that.

And Katrina.

By the way, whatever happened to fighting them over there so we won’t have to fight them here?  Tell that to the people of England and Scotland.

UPDATE:  Speaking of world peace and threats to it, guess who Europeans fear most?

Europeans consistently regard the US as the biggest threat to world stability, a new poll reveals on Monday.

A survey carried out in June by Harris Research for the Financial Times shows that 32 per cent of respondents in five European countries regard the US as a bigger threat than any other state.

Full Monty Preview

Ken AshfordLocal InterestLeave a Comment

Montyart_color_smallLink here, but I’ll reprint it below the fold….

Some thoughts about the article:

(1)  Obviously, the folks at the WInston-Salem Journal/Relish need to fix the headline, and I wish they would.

(2)  I’m not sure I agree with the quote of co-producer Norman Ussery, saying that, if this were a movie, it would be rated "R".  Okay, maybe — but a very tame R.  Or a high PG-13.   He intends to tell the audiences what they are in for, but it seems to me that audiences should know what to expect and what not to expect.  I have no problem with people not coming if they know that they will be offended by the subject matter or whatever, but really — if people are going to come to "The Full Monty" and then pull a Captain Renault ("I am shocked — shocked! — that there is profanity and some nudity!!!") then I have no sympathy for their letters and grumblings.

And it does, as Norman says, have its moments of poignancy mixed in with the humor.  I would even venture to say it has a healthy dose of, yes, family values.

By the way, for those in the area, this really is a good production of a very funny entertaining show.  And I am not saying that because I am in it (here and there).  It has come together quicker than any show I’ve been in, and while this week is devoted to ironing out technical aspects, the show itself is ready to roll.  We’ve got a kickass band, and exceptional performances.

Ticket information in the article below….

Read More

Vintage Computer Ads

Ken AshfordScience & TechnologyLeave a Comment

Via Neatorama, they have some pretty amusing old-timey computer ads up at Computerworld.  Two of my faves:

Penril_modem_111771

Just for comparison’s sake, a typical cable modem today can transfer about 600,000 bps (buts per second).

System_mbytes_51677

Comparison: today, you can get a 4 gigabyte (roughly 4,000 megabytes) flash memory card for $49.99.

Vintagecomputerad

Actual Transcript Of My Conversation With Anna, The Automated IKEA USA Online Assistant

Ken AshfordRandom MusingsLeave a Comment

Img_ikea_chatTalk to her here:

Welcome to IKEA. How can I help you?

Hi

Welcome to IKEA. How can I help you?

What’s up?

I’m fine, thank you for asking.

What is your name?

You are talking to Anna, the IKEA USA Online Assistant. My job is to answer your questions about IKEA

What do you do?

I work on this website to help people with any questions or queries they might have about IKEA’s products and services.

Do you get paid?

A very good question, but one that I’m afraid I’m unable to answer at this point in time.

Are the hours long?

I’m very sorry, but I can’t really talk about things like that at this time.

Can I work at IKEA?

If you are out-going, dedicated, customer-service oriented and interested in working as part of a team, contact the IKEA store near you for possible openings, or have a look at the jobs on the IKEA employment section of this site. Click on ‘Jobs Search’ to find a listing of vacancies in all US stores.

What does IKEA do?

How is IKEA different from other furnishing stores? We offer a wide range, good design and function, and also low prices. That’s our business idea.

Low prices? Like, how low?

I think you’re confused or trying to ask me a question, but I need more than that to give you a proper answer. Please try again.

You’re not much help!

I’m sorry, it’s possible I may have misinterpreted what it was you said. Please try and ask your question in a different way.

Forget it.

As you wish. I will forget it, but, would you like to ask me something else about IKEA?

Your hair is messy

I’m really not sure what you’re trying to say. Please ensure your questions and comments are relevant to IKEA.

Ok. Does IKEA know your hair is messy?

The IKEA business idea is: "We shall offer a wide range of well-designed, functional home furnishing products at prices so low that as many people as possible will be able to afford them."

Does IKEA know that you eat squirrels?

I don’t have a favorite food. I’m an IKEA Online Assistant, here to help customers with queries about our products and services.

Do you have a boyfriend?

I’m an Online Assistant designed to help customers of IKEA. Having a romantic interest isn’t a possibility.

Ok. Then do you have a girlfriend?

That’s not at all relevant to IKEA. Please ask me something else.

Aha! You have a girlfriend!

You can find all products on the HÅVE product line in the page I am now opening for you.

You’re changing the subject.

A good education is important, but I’m not here to talk about that. Let’s talk about IKEA instead.

You’re an idiot.

I am sorry you feel that way, but I am just a computer program. My knowledge is improving every day, through dialogues like this one. Please ask as many questions about IKEA as you like.

No thanks. Goodbye, loser.

Bye, then! It was very nice talking to you!

Net Authority

Ken AshfordSex/Morality/Family ValuesLeave a Comment

Computer1When these prisses (pictured at right) get through banning things on the Internet, there will be no Internet left:

The Net Authority is an organization dedicated to the removal of offensive material from the Internet. The online world is teeming with pornography, depravity, blasphemy, and all kinds of hate propaganda. It is our mission to define a set of guidelines to which all information posted on the Internet must adhere, and to hold responsible those who would knowingly break those guidelines.

Our primary initiative towards that end is the maintenance of a continually growing database of Internet offenders—websites that knowingly violate the Internet Acceptable Use Policy.

Here’s their Internet Acceptable Use Policy:

Posting information or content in any form on the Internet constitutes acceptance of and agreement to the Net Authority Internet Acceptable Use Policy.

1. Thou shalt not post pornographic material.

There is a common misconception that pornography is limited purely to images or textual descriptions of an explicit sexual nature. This is not the case. Anything that can evoke impure thoughts in the mind of the beholder is pornographic.

2. Thou shalt not post hateful material.

Any material that promotes or inspires hatred or violence towards any other person or group of people is strictly forbidden.

3. Thou shalt not post blasphemous material.

Any material that would lead one astray from the righteous path of the one true God must not be permitted on the Internet. These days children are gaining access to the Internet at younger and younger ages—a time when they are most vulnerable and susceptible to blasphemous viewpoints and suggestions.

4. Thou shalt not post materials of an offensive political nature.

5. Thou shalt not post materials concerning bestiality, including interracial relationships.

God did not intend for different species or races to intermingle sexually. Any content that contradicts this natural law, directly or indirectly, is strictly forbidden.

Wow.  No inter-race intermingling?

So let’s see what’s been banned so far, according to their database (what follows is just my cut-and-paste from their website:

CNN

Added: 06/27/2007 – 00:04:04

This website has been investigated by Net Authority, and has been found to be in violation of the Internet Acceptable Use Policy by posting the following kinds of content:

  • Pornographic material
  • Hateful material
  • Blasphemy
  • Offensive political material
  • Bestiality and/or interracial relationships

Be cautioned! This website contains strongly offensive material and is not suitable for young children. Click the link below at your own risk:

http://www.cnn.com/

Hillary for President

Added: 06/26/2007 – 17:57:26

This website has been investigated by Net Authority, and has been found to be in violation of the Internet Acceptable Use Policy by posting the following kinds of content:

  • Pornographic material
  • Hateful material
  • Blasphemy
  • Offensive political material
  • Bestiality and/or interracial relationships

Be cautioned! This website contains strongly offensive material and is not suitable for young children. Click the link below at your own risk:

http://www.hillaryclinton.com/

The History Channel

Added: 06/26/2007 – 07:27:16

This website has been investigated by Net Authority, and has been found to be in violation of the Internet Acceptable Use Policy by posting the following kinds of content:

  • Pornographic material
  • Offensive political material
  • Bestiality and/or interracial relationships

Be cautioned! This website contains strongly offensive material and is not suitable for young children. Click the link below at your own risk:

http://history.com/

Library of Congress

Added: 06/24/2007 – 17:12:25

This website has been investigated by Net Authority, and has been found to be in violation of the Internet Acceptable Use Policy by posting the following kinds of content:

  • Pornographic material
  • Hateful material
  • Blasphemy
  • Offensive political material

Be cautioned! This website contains strongly offensive material and is not suitable for young children. Click the link below at your own risk:

http://www.loc.gov/

Fox News

Added: 06/22/2007 – 11:46:54

This website has been investigated by Net Authority, and has been found to be in violation of the Internet Acceptable Use Policy by posting the following kinds of content:

  • Pornographic material
  • Hateful material
  • Offensive political material

Be cautioned! This website contains strongly offensive material and is not suitable for young children. Click the link below at your own risk:

http://www.foxnews.com/

The Los Angeles Police Department

Added: 03/04/2007 – 09:22:49

This website has been investigated by Net Authority, and has been found to be in violation of the Internet Acceptable Use Policy by posting the following kinds of content:

  • Hateful material
  • Blasphemy
  • Offensive political material

Be cautioned! This website contains strongly offensive material and is not suitable for young children. Click the link below at your own risk:

http://www.lapdonline.org/

Gays In The Military: A Change In The Offing?

Ken AshfordSex/Morality/Family Values, War on Terrorism/TortureLeave a Comment

Today, the Service Members Legal Defense Network released a Pentagon statement that “includes the first language from Pentagon leaders suggesting that lesbian and gay service personnel should continue to use their skills in support of national security efforts, even after facing dismissal under the law.” The statement reads:

These separated members have the opportunity to continue to serve their nation and national security by putting their abilities to use by way of civilian employment with other Federal agencies, the Department of Defense, or in the private sector, such as with a government contractor.

A good sign, but as Think Progress notes:

The Pentagon still will not call for the repeal of “Don’t Ask, Don’t Tell.” Since the policy was instituted in 1993, at least 11,000 servicemembers, hundreds of whom had key speciality skills such as training in Arabic, have been forced out of service. With our currently overstretched armed forces, the military could lure as many as 41,000 recruits if gays could serve openly.

With the State Department facing a dearth of Arabic translators, yesterday, Reps. Tom Lantos (D-CA) and Gary Ackerman (D-NY) urged the Department to hire bilingual gays expelled from the military as a result of DADT:

We are writing to urge the Department of State to take a specific step — the hiring of our unfairly dismissed, language-qualified soldiers — so our nation might salvage something positive from the lamentable results of this benighted policy. … under-investment in critical foreign languages presents an urgent and immediate threat to our national security, a threat that cannot be ignored while we train new foreign-language experts.

The Best Thing About The Bush Presidency

Ken AshfordDemocratsLeave a Comment

It’s created a whole generation of progressives.

According to a new poll for the New York Times, CBS News, and MTV the 17-29 year olds lean Democratic.

Sixty-two percent of the 17-29 year olds support a single-payor health care system, while 47% of the general electorate does.

Seventy-seven percent of them plan to register to vote for next year, and by a 45%-25% margin they plan to vote in a Democratic primary or caucus rather than Republican. As for their actual vote for president, by a 54%-32% margin this age group plans to vote for the Democratic candidate.

Overall, 38% have a favorable view of the Republican Party, but 55% of them do not. Their feelings about the Democratic Party are inverse: 58% favorable, 36% unfavorable. 52% of them say the Democratic Party comes closest to sharing their moral values, while only 36% of them say the Republican Party does.

And the only presidential candidate among this group who has a better than 2-1 margin between favorable and unfavorable views is Barack Obama: 41% of 17-29 year olds view Obama favorably while only 19% view him unfavorably.

Cheney Flip-Flops, But Still Says He’s Not Subject To Executive Order

Ken AshfordBush & Co.Leave a Comment

Dick Cheney’s office is abandoning a justification for keeping classified docouments from the auditors of the National Archives.  Cheney had tried to claim he is separate from the executive branch, but they will no longer pursue that defense, senior administration officials now say.  That original claim had been met with widespread derision from the right and the left:

White House spokespeople have been struggling to answer questions about the argument without repeating, amplifying or embracing it.

Blogs, comics and pundits feasted on the neither-fish-nor-fowl argument, with Jon Stewart joking on “The Daily Show” Tuesday night that the vice president may be “half she-wolf.”

Does this mean the Veep’s Office will comply with the Executive Order requiring oversight and audits of classified material?  Nope:

In a letter to Sen. John F. Kerry (D-Mass.), Cheney Chief of Staff David S. Addington wrote that the order treats the vice president the same as the president and distinguishes them both from "agencies" subject to the oversight provisions of the executive order.

Addington did not cite specific language in the executive order supporting this view, and a Cheney spokeswoman could not point to such language last night. But spokeswoman Lee Anne McBride said the intent of the order, as expressed by White House officials in recent days, was "not for the VP to be separated from the president on this reporting requirement."

In other words, Cheney has gone from a laughable defense to, essentially, no supportable defense at all.  The Executive Order at issue, which you can read in plain English here, does not make a distinction between agencies within the executive department (on the one hand) and the president/vice president. 

Here’s the key paragraph, Section 5.2(b)(4):

Under the direction of the Archivist, acting in consultation with the Assistant to the President for National Security Affairs, the Director of the Information Security Oversight Office shall:

    (1) develop directives for the implementation of this order;

    (2) oversee agency actions to ensure compliance with this order and its implementing directives;

    (3) review and approve agency implementing regulations and agency guides for systematic declassification review prior to their issuance by the agency;

    (4) have the authority to conduct on-site reviews of each agencys program established under this order, and to require of each agency those reports, information, and other cooperation that may be necessary to fulfill its responsibilities.

And what is "agency"?  Here’s the key definition, under Section 6.1(b):

(b) "Agency" means any "Executive agency," as defined in 5 U.S.C. 105; any "Military department" as defined in 5 U.S.C. 102; and any other entity within the executive branch that comes into the possession of classified information.

Where does the argument come from that the Executive Order is supposed to treat the vice-president’s office differently from other executive agencies?  Nowhere.  It comes out of thin air.

RELATED:  Speaking of something fishy, the final installment of Jo Becker and Barton Gellman’s four-part series on Richard Bruce Cheney has been put up at the Washington Post‘s Web site.  Here’s something to make you feel all warm anf fuzzy about the Veep:

Law and science seemed to be on the side of the fish. Then the vice president stepped in.

First Cheney looked for a way around the law, aides said. Next he set in motion a process to challenge the science protecting the fish, according to a former Oregon congressman who lobbied for the farmers.

Because of Cheney’s intervention, the government reversed itself and let the water flow in time to save the 2002 growing season, declaring that there was no threat to the fish. What followed was the largest fish kill the West had ever seen, with tens of thousands of salmon rotting on the banks of the Klamath River.

Characteristically, Cheney left no tracks.

UPDATE:  Won’t this be fun?

CAPITOL HILL (AP) A Senate panel is demanding some documents from the White House and from Vice President Cheney’s office.

The Judiciary Committee today issued a subpoena for documents related to President Bush’s program involving eavesdropping without warrants.

The subpoenas also name the Justice Department and the National Security Council.

Ann Coulter Should Be Sodomized With A Cactus

Ken AshfordRight Wing Punditry/IdiocyLeave a Comment

Yeah, I know that’s harsh, but the woman is vile, even by right-wing pundit standards.  Her personal attacks on people are simply the basest of the base.

Yesterday on ABC’s Good Morning America, Coulter said, “[I]f I’m gonna say anything about John Edwards in the future, I’ll just wish he had been killed in a terrorist assassination plot.”

She has previously called Edwards a “faggot.” In 2003, she wrote a column claiming that John Edwards drove around with a bumper sticker saying “Ask me about my son’s death in a horrific car accident.”

Last evening, why spewing more bile on Chris Matthews Hardball, Coulter had an on-air confrontation with none other than Elizabeth Edwards, a woman who managed to take the high ground.

Think Progress has the transcript:

MATTHEWS: You know who’s on the line? Someone to respond to what you said about Edwards yesterday morning. Elizabeth Edwards. She wanted to call in today, we said she could. Elizabeth Edwards, go on the line. You’re on the line with Ann Coulter.

E: Hello Chris.

M: Do you want to say something directly to the person who’s with me?

E: I’m calling — you know, in the south, when someone does something that displeases us, we want to ask them politely to stop doing it. I would like to ask Ann Coulter to — if she wants to debate on issues, on positions — we certainly disagree with nearly everything she said on your show today — but it is quite another matter for these personal attacks. The things that she has said over the years, not just about John but about other candidates, lowers our political dialogue precisely at the time that we need to raise it. So I want to use the opportunity, which I don’t get much because Ann and I don’t hang out with the same people…

C: I don’t have enough money.

E: …to ask her politely stop the personal attacks.

C: Okay, so I made a joke, let’s see, six months ago, and as you point out, they have been raising money off of it for six months since then.

M: But this is yesterday morning, what you said about him.

C: I didn’t say anything about him, actually, either time.

E: But that — Ann, Ann, you know that’s not true, and once more, this has been going on for some time.

C: And I don’t mind you trying to raise money. It’s better this than giving $50,000 speeches to the poor just to use my name on the webpages. But as for a debate with me, yeah, sure. Yeah, we’ll have a debate.

E: I’m asking you politely to stop, to stop personal attacks –

C: How about you stop raising money on your web page then? No, you don’t have to because I don’t mind.

Get that?  Coulter is excusing her ugly attacks by arguing that Edwards raises money off of them.  In Coulter logic, it goes something like this: if you can raise money to campaign for an election, then I can badger you about your dead son.

It goes on, with Coulter again try to change the subject and deflect any comment about the level of her disgusting rhetoric:

E: I did not start with that. You had a column a number of years ago where you suggested — wait till I finish talking please…

C: Okay, the wife of a presidential candidate is calling in asking me to stop speaking.

M: Let her finish the point. Let her finish the point.

C: You’re asking me to stop speaking? “Stop writing your columns. Stop writing your books.”

M: Ann, please.

E: You had a column several years ago which made fun of the moment of Charlie Dean’s death and suggested that my husband had a bumper sticker on the back of his car saying, “Ask me about my dead son.” This is not legitimate political dialogue.

C: This is now three years ago.

E: It debases political dialogue. It drives people away from the process. We can’t have a debate about the issues.

C: Yeah, why isn’t John Edwards making this call?

M: Well, do you want to respond? We’ll end the conversation.

E: I haven’t talked to John about this call. I’m making the call as a mother. I’m the mother of that boy who died. My children participate — these young people behind you are the age of my children. You’re asking them to participate in a dialogue that is based on hatefulness and ugliness instead of on the issues, and I don’t think that’s serving them or this country very well.

[Applause]

M: Thank you very much Elizabeth. You wanna respond? You have all the time in the world to respond.

C: I think we heard all we need to hear. The wife of a presidential candidate is asking me to stop speaking. No.

M: No, she asked you to stop being so negative to people individually.

C: Right, as opposed to bankrupting doctors by giving a schyster Las Vegas routine in front of juries based on science — wait, you said I’d have as long as I would have, then you instantly interrupt me.

M: Go ahead, go ahead.

C: As I was saying, doing these psychic routines in front of illiterate juries to bankrupt doctors who now can’t deliver babies, and to charge a poverty group $50,000 for a speech. Don’t talk to me about how to use language.

M: Elizabeth?

E: …the language of hate, and I’m going to ask you again to politely stop using personal attacks as part of your dialogue.

C: Okay, I’ll stop writing books.

E: If you can’t write them without them, that is fine.

M: Why do you call out Hillary’s chubby legs in your book? Why do you — this may fall under the category of personal attacks, I don’t know, but why do you do that? Why do you talkabout Monica Lewinsky’s chubbiness? If she were skinny, would it have been okay?

C: Um, I don’t know, read the sentence.

E: I read the whole sentence. I couldn’t feel the context.

C: Well you have to give it to me and I could explain.

E: Why do you make fun of Hillary’s chubby legs?

C: I don’t know, you’re going to have to give me the sentence.

M: It’s in the afterword of your book, I just read it this morning.

C: Then read the sentence.

M: We’ll be back and read the entire sentence. We’ll come right back. I don’t know why we’re reading — the full intellectual context will be coming in just a moment.

Fortunately, Coulter’s star is finally fading, even among the right.  As TRex blogs:

“Godless” has sold fewer copies than any other Coulter screed, prompting some to negatively speculate about her long-term shelf-life:

Said Tom Rosenstiel, director of the Project for Excellence in Journalism: “You do wonder whether she’s destined for `Dancing With the Stars’ at some point.”

Several conservatives criticized Coulter for her Edwards remarks. Fellow columnist Michelle Malkin lamented that Coulter had tarred the work of people at the Washington conference. She called Coulter’s humor “tired old shtick.” Tim Graham, director of media analysis at the Media Research Center, said some conservatives envy the attention she gets and dislike how she distracts from legitimate arguments.

“If you got the sense that she was saying things you thought she believed, it would help,” he said.

Get a good look at her bony ass this time around, kids, because it may be the last time you see her for a while. Ah. Skanks for the memories, Annie. See you on cable access!

Lots more blogosphere reaction here

Glenn’s Book

Ken AshfordWeb RecommendationsLeave a Comment

51tuynjb29l_aa240_In November 2005, I read a post by a what-was-then-new voice in the progressive blogosphere, that of former civil rights and constitutional lawyer Glenn Greenwald.  The blog was called "Unclaimed Territory".  We had a few nice email exchanges at the time, initially prompted by the fact that we both went to NYU Law School in the early nineties and had a couple of classes together (he was a year behind me). 

He is a very elucidating writer, a thorough researcher, and is gifted with incredible analytical skills.  Everything I’m not.

Glenn’s star quickly rose, as anyone who reads him (and his readers number in the millions now) can understand.  In 2006, he won the Koufax Award for best new blog.  In early 2006, he broke a story on his blog regarding the NSA scandal that served as the basis for front-page articles in the Washington Post, the Los Angeles Times and other newspapers, all of which credited his blog for the story.

In May 2006, Glenn published his first book, "How Would a Patriot Act? Defending American Values From a President Run Amok," which critiqued the radical theories of executive power used by the Bush administration to justify everything from lawbreaking powers to the use of torture to indefinite detention of American citizens. The book was an instant bestseller, rising to No. 1 on Amazon’s Best Seller List and remaining there for almost a full week. The book also debuted at No. 11 on the New York Times Best Seller list, and remained on the list for the next two months.

He has sinced moved his location to Salon (who hired him) and is widely recognized as one of the most important voices of the progressive left.

His second book, "A Tragic Legacy: How A Good vs. Evil Mentality Destroyed The Bush Presidency" goes on sale today.  Already, it is #26 at Amazon.

Buy it.

Everything I Know About Life I Learned From Nathon Tabor

Ken AshfordCrime, Right Wing Punditry/IdiocyLeave a Comment

Hard to believe that this guy can’t get elected to the North Carolina legislature, considering his overwhelming mastery of crime and its solutions:

If schools, courthouses, and municipal buildings don’t post the command, "Thou Shalt Not Steal," it stands to reason that children would grow up believing that stealing isn’t all that bad.

To Nathan, every societal problem can be solved by posting the Ten Commandments everywhere.  Because, as the Bible tells us, Moses came down from the mountains with those tablets, and everything was hunky-dory afterward.

Listen, Nathan.  I, like most Americans, understand that shoplifting from Walmart is wrong.  We KNOW this, and we didn’t need the Ten Commandments to come to this conclusion.  Our parents taught us.

And frankly, the presence of security cameras, plus those signs that say "Shoplifters Will Be Prosecuted" carry more weight than what you’re suggesting.

Just sayin’…

The Two Free Speech Cases

Ken AshfordConstitution, Supreme CourtLeave a Comment

This, a post by Marty Lederman, nails the inherent contradiction in the two Free Speech cases handed down yesterday by the Supreme Court:

A friend writes to note the striking contrast in the way the Chief Justice views the "reasonable" interpretation of the ambiguous expression in today’s two Free Speech Clause cases:

From Wisconsin Right to Life: “Because WRTL’s ads may reasonably be interpreted as something other than an appeal to vote for or against a specific candidate, they are not the functional equivalent of express advocacy,” the Chief wrote. In defining what qualifies as “express advocacy,” "the court should give the benefit of the doubt to speech, not censorship."

From Morse: : ”The message on Frederick’s banner is cryptic. But Principal Morse thought the banner would be interpreted by those viewing it as promoting illegal drug use, and that interpretation is plainly a reasonable one.”

There’s simply no way to reconcile this, in my view.  I happen to believe that the conservative judges simply voted the outcome they wanted, rather than apply coherent and consistent legal rules.  They liked the Right to Life message, so the Wisconsin Right To Life people win.  They didn’t like Frederick’s "Bong Hits For Jesus" banner, so Fredericks loses.

Prof. Volokh is very big on free speech issues, especially when it comes to schools and students.  He, too, sees a problem with Morse

Justice Alito, joined by Justice Kennedy, joined the majority opinion but only

on the understanding that (a) it goes no further than to hold that a public school may restrict speech that a reasonable observer would interpret as advocating illegal drug use and (b) it provides no support for any restriction of speech that can plausibly be interpreted as commenting on any political or social issue, including speech on issues such as the wisdom of the war on drugs or of legalizing marijuana for medicinal use.

…But what does this purported distinction between the speech in clause (a) (restrictable) and the speech in clause (b) (not restrictable) really mean? The trouble is that "speech that a reasonable observer would interpret as advocating illegal drug use" often also "can plausibly be interpreted as commenting on any political or social issue."

…So I think that this distinction is logically unsound, even in this very case. And this unsoundness also makes it hard to see how the distinction will play out in the future. For instance, say that a school argues in favor of restricting anti-gay speech on the grounds that it poses a threat to gay students’ "physical safety" by contributing to a culture in which gay-bashing is encouraged and gays are made to feel insecure. (Justice Alito’s opinion stresses that the new exception for pro-drug speech is justified by the fact that such speech jeopardizes students’ "physical safety," presumably through its persuasive effects.) And say a student wears a T-shirt saying "straight pride," or "homosexuality is an abomination."

Is this a "comment[] on any political or social issue," and thus immune from constitutional punishment, or is this something that a reasonable observer can interpret as advocating (or at least celebrating) hostility towards gays, hatred towards gays, personal insults of gays, or even attacks on gays? I would think it clearly was plausibly interpretable as "commenting on a political or social issue," but "advocating illegal drug use" is also so interpretable. "[C]an plausibly be interpreted as commenting on a political or social issue" doesn’t mean what it literally seems to mean. So what then does it mean, and how would it play out as to anti-gay speech?

Lyle Denniston concludes:

Between the Roberts opinion, the concurrences, and the dissent, the Justices are deeply divided about standards for regulating student speech, and Morse makes only a modest beginning on settling on some new standards. The dominant thrust of the principal opinion appears, in potential, at least, to be toward a considerable expansion of school officials’ authority over student expression. No longer is it necessary to regulation, for example, to find that the expression disrupts school life, or that it is crudely and profanely offensive, or that it is an utterance done during assigned or immediately supervised school work. If it is close enough to the schoolhouse gate, it appears to be subject to regulation — at least when it is perceived, by school officials, as promoting a drug-use message.