Law Commons^™

Can There Really Be "Free Speech" In Public Schools?, Richard W. Garnett

Richard W Garnett

The Supreme Court's decision in Morse v. Frederick leaves unresolved many interesting and difficult problems about the authority of public-school officials to regulate public-school students' speech. Perhaps the most intriguing question posed by the litigation, decision, and opinions in More is one that the various Justices who wrote in the case never squarely addressed: What is the "basic education mission" of public schools, and what are the implications of this "mission" for officials' authority and students' free-speech rights. Given what we have come to think the Free Speech clause means, and considering the values it is thought to enshrine and …

Tactics, Strategies & Battles—Oh My: Perserverance Of The Perpetual Problem Regarding Preaching To Public Shool Pupils & Why It Persists, Casey S. Mckay

Casey Scott McKay

After reviewing the history of the religious war on Darwin’s Theory of Evolution, my article, “TACTICS, STRATEGIES & BATTLES—OH MY: PERSERVERANCE OF THE PERPETUAL PROBLEM REGARDING PREACHING TO PUBLIC SHOOL PUPILS & WHY IT PERSISTs,“ examines why such a seemingly well-settled issue survives and even, to some extent, prospers.

First, by exploiting common misconceptions among the American public, lawmakers are able to take advantage of ignorance driven by strong emotions. Next, religious special interests groups, with seemingly unlimited funds, thrust propaganda supported by worldwide media reinforcement on an already vulnerable American public. Thus, irresponsible state legislators, caught between a rock …