From Fraser to Frederick: Bong Hits and the Decline of Civic Culture
Kenneth W. Starr
Pepperdine University - School of Law
May 29, 2009
UC Davis Law Review, Vol. 42, 2009
Pepperdine University Legal Studies Research Paper No. 2009/12
Student speech in public schools has again been thrust into the limelight with the Supreme Court's recent Morse v. Frederick decision. In this Article, former Solicitor General and Circuit Judge Kenneth W. Starr raises important questions about the broad cultural impact of the student speech cases. First, the Article highlights American educational thought's historically communitarian roots. Next, the Article traces the Court's student-speech jurisprudence through the Tinker, Fraser, and Fredrick decisions. Finally, the Article underscores the conquest of libertarian educational ideals over normative communitarian ones at the Court.
Number of Pages in PDF File: 18
Keywords: Supreme Court, education, school, Morse v. Frederick, free speech, first amendment, constitution, student, communitarian, Tinker, Fraser, libertarian, bong hitsAccepted Paper Series
Date posted: May 30, 2009
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