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Admittedly, some high school students (including those who use drugs) are dumb. Most students, however, do not shed their brains at the schoolhouse gate, and most students know dumb advocacy when they see it. The notion that the message on this banner would actually persuade either the average student or even the dumbest one to change his or her behavior is most implausible.

This quote comes from Justice John Paul Stevens’ dissent in Morse v. Frederick, a student free speech case decided by the Supreme Court in 2007.

In Morse, a five-member Court majority found that a high school principal did not violate the the constitutional rights of student Joseph Frederick when she suspended him for unfurling a banner that read BONG HiTS 4 JESUS near school property.

Justice Stevens disagreed. He argued that the banner’s message was “nonsense,” and that even if Frederick had, as some justices argued — but Frederick himself denied — intended to promote illegal drug use, his suspension would still have been a huge First Amendment violation.

Stevens’ dissent, a ringing endorsement of students’ rights to free expression, was joined by two other justices. (Justice Stephen Breyer took no stand on the First Amendment issues raised by the case, arguing that it should have been decided on other grounds.)

Student speech is embattled in today’s society. If such speech is to be respected in America’s schools, Justice Stevens — who announced his retirement last week — must be replaced by a justice who shares his commitment to students’ rights.

Let us all know what you’re up to, what you’re planning, what you’re reading and writing! It’s a two-day smondaybration of activism!

Yesterday I posted about SFSU’s move to charge eleven student activists more than $700 each for costs relating to a building occupation on campus. As I reported, this week also saw a PR blitz from the UC Berkeley administration, which claimed that this year’s protests there have cost them more than two hundred thousand dollars so far.

Today, the blog Occupy CA is reporting that UC Santa Cruz is demanding that an unspecified number of students who participated in November’s Kerr Hall occupation pay the university $944 each in restitution.

Much more detail over at Occupy CA, including the following claims:

• Those facing fines include three one of five student negotiators, who were “uninvolved in the actual demonstration.”

• Students have been given little or no information as to the substance of the charges against them.

• Those singled out for fines and disciplinary action include only “a small handful of students handpicked by the administration.”

It’s becoming increasingly clear that the punitive use of fines against activists is a coordinated statewide strategy by California’s public universities. If readers know of other campuses that have taken this approach, please pass word along.

Tuesday update | The Santa Cruz Sentinel has the story, including substantial new details. UCSC officials have confirmed that 36 students are facing fines of $944 each, and that seven of the 36 are facing suspension, expulsion, or disciplinary probation as well. Payment is due by June 30, after which outstanding fines may prevent students from graduating or registering for classes.

The university claims that occupiers “overturned a refrigerator to use as a barricade, damaged communications equipment and left pounds of garbage,” but officials made no effort to assign blame for specific acts of damage in assessing the fines.

The Sentinel quotes UCSC professor Bettina Apetheker as calling the university’s treatment of the demonstrators “reckless, inaccurate, inadequately supported and unjustified.” Administrators, she says, have shown an “incompetent disregard for students’ futures.”

When students at San Francisco State University took over that campus’s business school building in December, the university responded with force. Administrators brought police from campuses across the state to the scene, broke a window to gain access, and arrested eleven student activists.

In the weeks after the arrests, administrators and students worked out a deal to resolve the charges. Ten of the eleven students signed on to the agreement — admitting their participation in the occupation, accepting a semester’s academic probation, and promising to pay the university restitution for damage.

No exact figure for the restitution was agreed upon, but students were promised that the amount would be minimal. Students say they were told they would be charged for minor physical damage like scratches to walls, and that the total assessment would be no more than $50 per student.

But when the university finally billed the group not long ago, the figure was nearly fifteen times that high — $744.25 per student, $8,186.71 in total. The fee included not just cleanup from the damage done by the students themselves, but also the replacement of the window the cops chose to break and even the lodging costs for housing non-local police.

Reached for comment this week, university spokesperson Ellen Griffin acknowledged that the university had promised the students that charges would be minimal. “$8,000 would seem to be a minimal charge,” she said.

SFSU’s approach to the December occupation has a parallel at UC Berkeley, where administrators claimed in a campus newspaper article yesterday that the year’s protests had cost Berkeley “hundreds of thousands of dollars.” That tally included everything from overtime for police and maintenance workers to $2,631 to replace decorative planters.

But there are two problems with this line of reasoning, above and beyond a general healthy skepticism about the specific dollar figures put forward.

First, student protest is a legitimate and appropriate campus activity. Students rally. They march. And yes, sometimes they take over buildings. They always have, and they always will. The costs associated with such activities are intrinsic, not extrinsic, to the university’s basic functioning.

Second, administrators must take responsibility for their own decisions. When a protester breaks a window, as one did at the residence of the Berkeley chancellor on December 11, that act — right or wrong — is the moral and legal responsibility of the protester in question. But when an administrator directs a campus police officer to break a window, as one did at the SFSU business building the previous day, that is a choice, not an inevitability.

Mere weeks after Berkeley chancellor Robert Birgeneau invited campus activists to “occupy any space they like,” universities across the UC and CSU systems adopted a harsh, punitive — and expensive — stance in opposition to such protests. That stance was not merely reactive. It was not merely defensive. It reflected and advanced a particular vision of the university and of students’ place in it.

I have argued in the past that it would have been better for the university to have handled these protests differently. It’s important to remember, as administrators put forward this new line of attack, that it would have been cheaper, too.

Update: I don’t have any independent confirmation of this yet, but over on Twitter UCSC grad student @BrianMalone writes, “Protestors at UC Santa Cruz charged $972 EACH for Kerr Hall occupation. No news story yet, but check it out.”

Anyone know anything?

“The defendants’ argument that the interest which the plaintiffs have in attending a state university is a mere privilege and not a constitutional right was specifically rejected in the Dixon case, and the Court thinks rightfully so. Whether the interest involved be described as a right or a privilege, the fact remains that it is an interest of almost incalculable value, especially to those students who have already enrolled in the institution and begun the pursuit of their college training.”

—Knight v. State Board of Education (1961), quoted in the ACLU’s must-read April 6 letter to the UC Berkeley administration.