18 Pages Posted: 30 May 2009
Date Written: May 29, 2009
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.
Keywords: Supreme Court, education, school, Morse v. Frederick, free speech, first amendment, constitution, student, communitarian, Tinker, Fraser, libertarian, bong hits
Suggested Citation: Suggested Citation
Starr, Kenneth W., From Fraser to Frederick: Bong Hits and the Decline of Civic Culture (May 29, 2009). UC Davis Law Review, Vol. 42, 2009; Pepperdine University Legal Studies Research Paper No. 2009/12. Available at SSRN: https://ssrn.com/abstract=1411754