1. You can put tobacco into a bong, and takes hits off of it. Or any number of other legal substances. You can smoke fingernail clippings if you want. So first off, I don't see how they can show what he did was illegal, as required by the school board policy, to support the suspension. For this reason alone, the SCOTUS should affirm the lower court's decision to allow the student's lawsuit to proceed on its merits.
2. Next, he may have an argument that he was not actually *at* the school function when displaying - that he was present in an individual capacity at the torch relay sighting, and happened to be near the school-sanctioned event. It's unclear how strong this argument might be.
2. Beyond that issue, however, it would seem the government's case is strong, and the student's case is weak, since his banner does not promote or criticise a public figure or policy, thus it doesn't strongly implicate the reasons behind the 1A - his banner simply advocates (or at least makes reference to), smoking some unknown substance in order benefit or please Jesus (or perhaps for "Hey - Soos' ", referring to a Latino man of the name Jesus.).
