Morse v. Frederick

Imagine two banners raised by students at the Olympic Torch Relay:

One "BONG Hits 4 Jesus"

Two "Legalize BONG HITS 4 JESUS"

If a public school restricts both banners and students sue under the 1A, how should these cases come out?

Should the two cases be decided the same way? (Which way?)

Or are the cases different in some material respect that would justify protecting one but not the other under the 1A?

Notice that Justice Alito authored a concurring opinion (joined by Justice Kennedy) in which he says "I join the opinion of the Court on the understanding (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.'"

Questions

Suppose the Olympic Torch Relay took place on a Saturday and that the school only encouraged students to attend this event. Same student, same banner. Same result?

Suppose a student has a "Bong Hits 4 Jesus" banner on his Face Book page. Can he be disciplined by the school for what he posts on line from his personal home computer?

Suppose a student posts something on Face Book--maybe an offensive post demeaning certain classmates--that would not be protected if he wore it to school as a statement on a tee shirt?

 Problem to Analyze

Suppose a 7th grade world history teacher asks students to write an essay on "the historical character whom I most admire." When Mary writes her essay on Jesus, he tells her that her topic is unacceptable because the school must honor separation of church and state. If Mary refuses the teacher's demand that she write a second essay and is given a grade of F for the paper, what are her rights under the First Amendment?

This is student speech within the curriculum under Hazelwood, and thus the school may exercise "editorial control over the style and content of student speech...so long as their actions are reasonably related to legitimate pedagogical concerns."

The teacher's concern was "separation of church and state."  Does a student essay on Jesus violate the Establishment Clause? Does the EC prohibit student speech in public schools? Is the teacher's concern a reasonable pedagogical concern? Or is it an erroneous legal concern?

How would you decide this case if you were a federal district judge?