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Full-Text Articles in Education
Education Is Speech: Parental Free Speech In Education, Philip A. Hamburger
Education Is Speech: Parental Free Speech In Education, Philip A. Hamburger
Faculty Scholarship
Education is speech. This simple point is profoundly important. Yet it rarely gets attention in the First Amendment and education scholarship.
Among the implications are those for public schools. All the states require parents to educate their minor children and at the same time offer parents educational support in the form of state schooling. States thereby press parents to take government educational speech in place of their own. Under both the federal and state speech guarantees, states cannot pressure parents, either directly or through conditions, to give up their own educational speech, let alone substitute state educational speech. This abridges …
Schools: A Place Where Freedom Of Speech Ceases To Exist, Samira Hossain
Schools: A Place Where Freedom Of Speech Ceases To Exist, Samira Hossain
Emerging Writers
This short essay argues that public schools should not limit students' freedom of speech.
Constitutional Moral Hazard And Campus Speech, Jamal Greene
Constitutional Moral Hazard And Campus Speech, Jamal Greene
William & Mary Law Review
One underappreciated cost of constitutional rights enforcement is moral hazard. In economics, moral hazard refers to the increased propensity of insured individuals to engage in costly behavior. This Essay concerns what I call “constitutional moral hazard,” defined as the use of constitutional rights (or their conspicuous absence) to shield potentially destructive behavior from moral or pragmatic assessment. What I have in mind here is not simply the risk that people will make poor decisions when they have a right to do so, but that people may, at times, make poor decisions because they have a right. Moral hazard is not …