The Importance of Free Speech in American Public Schools”

I’m delighted to report that Prof. Ronald Den Otter (Cal Poly) will be guest-blogging this week about this new book. The publisher’s summary:

In contrast to recent efforts to restrict students by putting more power in the hands of parents and school officials, Ronald C. Den Otter makes a bold and rigorously argued case for respecting the autonomy of students and expanding their free-speech rights.

In recent years, the debate over student speech has roiled college campuses and elicited a wave of books and articles, from both the Right and the Left, over what speech is permissible and who should receive a platform to speak. What has largely been overlooked in this debate is the freedom of speech—or lack thereof—enjoyed by junior high and high school students in American public schools.

Education in Democracy makes a powerful case for why free speech is just as important, if not even more so, for secondary education students as it is for those in higher education. As Ronald C. Den Otter shows, US Supreme Court jurisprudence on this topic lacks consistency and clarity, tending to restrict freedom for these students while giving school officials almost complete control, as in Justice Clarence Thomas’s concurrence in Morse v. Frederick. Den Otter argues instead for a stricter version of the Tinker v. Des Moines Independent Community School District substantial disruption test, proposing that public junior high and high school students should be treated the same as students at public universities.

Without ignoring the challenges of hate speech, Den Otter makes a bold and impassioned argument for respecting the autonomy of all students and developing their autonomous capacities. Paternalistic treatment of students in the form of censorship by school authorities is morally and constitutionally unacceptable, according to Den Otter. Instead, American society should see public schools as laboratories in pluralism and democracy, places where students cultivate the civic virtue of tolerance and learn how to disagree in a responsible way. Doing so requires the bedrock foundation of free speech.

And the jacket blurbs:

“Professor Ronald Den Otter makes a powerful and persuasive case for greater protection for student speech in high schools and even junior high schools. He disputes the conventional wisdom and approach of the courts in giving great deference to school officials. The clarity and force of Professor Otter’s analysis make this an essential book for educators, lawyers, judges, and all interested in issues of freedom of speech.”—Erwin Chemerinsky, Dean, University of California, Berkeley School of Law, and co-author of Campus Speech and Academic Freedom: A Guide for Difficult Times

“Education in Democracy provides a comprehensive, illuminating, and rousing defense of free expression’s significance in public schools. Drawing on an astonishingly wide array of disciplines and sources, Den Otter embraces a bold position—one that would endow students with much greater free speech rights than courts now recognize. Even scholars who dispute Den Otter’s contentions will need to engage the provocative arguments contained in this important book.”—Justin Driver, Professor of Law at Yale Law School and author of The Schoolhouse Gate: Public Education, the Supreme Court, and the Battle for the American Mind

“Censorship and intolerance are all too common in public schools today and in this engaging, informative book, legal scholar Ron Den Otter makes a compelling case for protecting the free speech of students. While the Supreme Court has reduced the speech rights of secondary school students in recent years, Enclaves of Democracy shows how essential freedom of expression is especially for young citizens—and for the future of our republic. This is a must-read for anyone interested in constitutional law, American politics, or our educational system.”—Adam Winkler, author of We the Corporations: How American Businesses Won Their Civil Rights

“Den Otter’s new and timely book makes a compelling case for extending free speech rights to junior and high school students. Deftly deploying political theory to inform his constitutional analysis, Den Otter argues that this extension is essential to advance the importance of civic education and democratic citizenship. A must read for our current political moment!”—Sonu Bedi, author of Private Racism

“Education in Democracy explores why robust protection for students’ free speech in public schools is essential. The book recounts major relevant Supreme Court cases, engaging in critical analysis of key precedents and explaining the dangers of censorship. Den Otter argues why students are entitled to broad protection of free expression rights, not just to safeguard their personal autonomy, but also to ensure the continued health of our constitutional republic.”—Eric T. Kasper, author of The Supreme Court and the Philosopher: How John Stuart Mill Shaped U.S. Free Speech Protections