University Press of Kansas Education in Democracy: The Importance of Free Speech in American Public Schools

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.