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Speaking Up: The Unintended Costs of Free Speech in Public Schools


reviewed by Preston Green — January 11, 2010

coverTitle: Speaking Up: The Unintended Costs of Free Speech in Public Schools
Author(s): Anne Proffitt Dupre
Publisher: Harvard University Press, Cambridge
ISBN: 0674031148, Pages: 304, Year: 2009
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Since the Supreme Court’s landmark decision in Tinker v. Des Moines School District, the Court has struggled to find the correct balance between the operational needs of school districts and the First Amendment rights of students and teachers. In Speaking Up: The Unintended Costs of Free Speech in Public Schools, Professor Anne Proffitt Dupre has done a masterful job of explaining the legal and policy issues surrounding the First Amendment as it is applied to public schools and universities. Professor Dupre’s thesis is contrarian. While many scholars have celebrated the Tinker case, in which the Supreme Court held that students have constitutional rights in school, Dupre asserts that “lurking under all the rhetoric about student rights was a seed that could cause more harm” (p. 10). One unintended consequence is that teachers and principals have hesitated to discipline students because of the fear of litigation (p. 34). Dupre also claims... (preview truncated at 150 words.)


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Cite This Article as: Teachers College Record, Date Published: January 11, 2010
http://www.tcrecord.org ID Number: 15895, Date Accessed: 10/23/2017 4:50:16 PM

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About the Author
  • Preston Green
    Penn State College of Education Dickinson School of Law
    E-mail Author
    PRESTON GREEN is an associate professor who has a joint appointment with Penn State's College of Education and Dickinson School of Law. Professor Green was instrumental in developing Penn State's joint degree program in law and education. Before coming to Penn State, Professor Green was a member of the faculty of the College of Education at the University of Massachusetts — Amherst. Professor Green’s research focuses on the legal issues surrounding school choice and educational access. He is the co-author of Charter School Law: Establishing New Legal Relationships (with Julie Mead). He is also the co-author of the textbook Financing Education Systems (with Bruce Baker and Craig Richards). Professor Green has served as a consultant for plaintiffs in Montoy v. Kansas, a case in which the Kansas Supreme Court ruled that the school finance system of Kansas violated the state constitution. He is also a member of the Pennsylvania State Charter School Appeal Board (CAB), which hears appeals on school board decisions to deny charter applications or revoke charters.
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