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Lessons in Censorship
How Schools and Courts Subvert Students’ First Amendment Rights
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Catherine J. Ross
Language:
English
Published/Copyright:
2015
About this book
American public schools censor controversial student speech that the Constitution protects. Catherine Ross brings clarity to court rulings that define speech rights of young citizens and proposes ways to protect free expression, arguing that the failure of schools to respect civil liberties betrays their educational mission and threatens democracy.
Reviews
Ross…makes a compelling case in Lessons in Censorship for the importance of according students free speech not only as a constitutional right, but also as a vital democratic practice.
-- Joan Wallach Scott The Nation
-- Joan Wallach Scott The Nation
It is a revealing book about judicially sanctioned censorship… Well-argued and well-researched… Turn the pages of Lessons in Censorship and you will discover what it means for students to think freely and how courts have fashioned baseless arguments designed to squelch such thinking… Lessons in Censorship is a book that should be read and discussed by school officials at all levels of education. It is a work that should be pored over by school board officials and lawyers who represent school districts and college campuses. And its message should carry over into the memoranda and briefs that lawyers file to inform judges.
-- Ronald K. L. Collins Concurring Opinions
-- Ronald K. L. Collins Concurring Opinions
We teach our children to celebrate freedom of speech but what freedom do they have when their schools too often punish them for exercising it? Catherine Ross’s powerful and lucid exposé of the increasingly routine censorship of student speech is well worth our attention and concern.
-- Floyd Abrams, Cahill Gordon & Reindel, LLP
-- Floyd Abrams, Cahill Gordon & Reindel, LLP
A magnificent book. Catherine Ross has given us a beautifully written and original contribution to our understanding of the nexus of constitutional law, lower courts, and everyday life in our public schools. She persuasively demonstrates that schools and judges too often teach ‘lessons in censorship’ that threaten the First Amendment and our vital culture of democracy.
-- Erwin Chemerinsky, University of California, Irvine School of Law
-- Erwin Chemerinsky, University of California, Irvine School of Law
Every student, parent, teacher, and principal should read—and heed—the lessons about the First Amendment rights of students in this terrific and timely book.
-- Glenn Altschuler, Cornell University
-- Glenn Altschuler, Cornell University
An extraordinary book. Ross offers the best account I have read about why we have free speech and why we value it so much—insightful and accessible. Beyond explaining what students can say, and how they can say it, and how limits have developed over the last ninety years, Lessons in Censorship powerfully argues that speech rights in public school are essential to the health of democratic governance—every concerned citizen must read this book.
-- Gene Policinski, author of the weekly column Inside the First Amendment
-- Gene Policinski, author of the weekly column Inside the First Amendment
In a new era of heightened demands for trigger warnings on collegiate syllabi and in campus ‘safe spaces’ about potentially disturbing speech, the book could not be more timely.
-- S. B. Lichtman Choice
-- S. B. Lichtman Choice
[Ross] provides a convincing critique of the state of the law, an urgent warning about what students experience in school, and concrete suggestions for protecting student speech…Her book is an important reminder that censorship of students begins long before they get to college.
-- David Moshman Huffington Post
-- David Moshman Huffington Post
Lessons in Censorship is not only a comprehensive and colorfully written treatment of the Court’s student-speech jurisprudence, but it also reminds us that we must remain vigilant in our protection of free speech in the classroom and the courtroom. After bringing clarity to the Court’s often opaque student-speech decisions in the wake of Tinker, Ross demonstrates that modern free speech controversies go beyond the schoolhouse gate and reflect the heated battles being waged in the culture wars… The ambitious agenda of Lessons in Censorship is to make sense of student-speech controversies in our schools-ranging from online bullying, to adolescent humor, to unpopular political speech-and explain the constitutional law that governs student speech… Ross accomplishes the delicate task of writing for a sophisticated legal audience while at the same time making her prose and analysis accessible to parents, teachers, and school administrators… Ross manages to maintain the attention of both audiences with her clear and engaging voice.
-- William S. Koski Texas Law Review
-- William S. Koski Texas Law Review
Topics
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Frontmatter
i -
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Contents
vii -
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Introduction
1 - Part I. The Emergence of Free Speech Doctrine
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1. Think as You Will and Speak as You Think
13 -
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2. A Taxonomy of School Censorship Takes Form
36 - Part II. Pushing Porous Boundaries
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3. Dissing and Discipline: Sans-Gêne Speech
65 -
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4. School-Sponsored Speech: Hazelwood’s “Imprimatur” Conundrum
96 - Part III. Tinker Redux
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5. Unsettled Waters: Attacks on Pure Student Speech
129 -
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6. Words that Harm: The Rights of Others
160 -
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7. Off-Campus Taunts and Online Sans-Gêne Speech
207 -
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8. Tinker Rising Like the Phoenix: Evangelicals and LGBTs Allied
245 -
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Conclusion: Living Liberty
287 -
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Appendix: The Federal Judicial Circuits
301 -
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Notes
303 -
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Acknowledgments
347 -
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Index
349
Publishing information
Pages and Images/Illustrations in book
eBook published on:
October 19, 2015
eBook ISBN:
9780674089198
Pages and Images/Illustrations in book
Main content:
368
Other:
1 line illustration, 1 map
eBook ISBN:
9780674089198
Audience(s) for this book
General/trade;