Education in Democracy

Name: Education in Democracy
Price: 231 AUD
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ISBN: 9780700641468

The Importance of Free Speech in American Public Schools

Ronald C. Den Otter

$231

Hardback

Forthcoming
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English

University Press of Kansas
26 May 2026

Educational strategies & policy; Schools; Constitutional & administrative law; Human rights & civil liberties law; Education & the law

In contrast to recent efforts to restrict students by putting more power in the hands of parents and school officials, Ronald C. Den Otter makes a bold and rigorously argued case for respecting the autonomy of students and expanding their free-speech rights.

In recent years, the debate over student speech has roiled college campuses and elicited a wave of books and articles, from both the Right and the Left, over what speech is permissible and who should receive a platform to speak. What has largely been overlooked in this debate is the freedom of speech—or lack thereof—enjoyed by junior high and high school students in American public schools.

Education in Democracy makes a powerful case for why free speech is just as important, if not even more so, for secondary education students as it is for those in higher education. As Ronald C. Den Otter shows, US Supreme Court jurisprudence on this topic lacks consistency and clarity, tending to restrict freedom for these students while giving school officials almost complete control, as in Justice Clarence Thomas’s concurrence in Morse v. Frederick. Den Otter argues instead for a stricter version of the Tinker v. Des Moines Independent Community School District substantial disruption test, proposing that public junior high and high school students should be treated the same as students at public universities.

Without ignoring the challenges of hate speech, Den Otter makes a bold and impassioned argument for respecting the autonomy of all students and developing their autonomous capacities. Paternalistic treatment of students in the form of censorship by school authorities is morally and constitutionally unacceptable, according to Den Otter. Instead, American society should see public schools as laboratories in pluralism and democracy, places where students cultivate the civic virtue of tolerance and learn how to disagree in a responsible way. Doing so requires the bedrock foundation of free speech.

By: Ronald C. Den Otter
Imprint: University Press of Kansas
Country of Publication: United States
Dimensions: Height: 229mm, Width: 152mm,
ISBN: 9780700641468
ISBN 10: 0700641467
Pages: 296
Publication Date: 26 May 2026
Audience: Professional and scholarly , Undergraduate
Format: Hardback
Publisher's Status: Forthcoming

Ronald C. Den Otter is professor of political science at Cal Poly. He is the author of Judicial Review in an Age of Moral Pluralism and In Defense of Plural Marriage.

Reviews for Education in Democracy: The Importance of Free Speech in American Public Schools

""Censorship and intolerance are all too common in public schools today and in this engaging, informative book, legal scholar Ron Den Otter makes a compelling case for protecting the free speech of students. While the Supreme Court has reduced the speech rights of secondary school students in recent years, Enclaves of Democracy shows how essential freedom of expression is especially for young citizens--and for the future of our republic. This is a must-read for anyone interested in constitutional law, American politics, or our educational system.""--Adam Winkler, author of We the Corporations: How American Businesses Won Their Civil Rights ""Den Otter's new and timely book makes a compelling case for extending free speech rights to junior and high school students. Deftly deploying political theory to inform his constitutional analysis, Den Otter argues that this extension is essential to advance the importance of civic education and democratic citizenship. A must read for our current political moment!""--Sonu Bedi, author of Private Racism ""Education in Democracy explores why robust protection for students' free speech in public schools is essential. The book recounts major relevant Supreme Court cases, engaging in critical analysis of key precedents and explaining the dangers of censorship. Den Otter argues why students are entitled to broad protection of free expression rights, not just to safeguard their personal autonomy, but also to ensure the continued health of our constitutional republic.""--Eric T. Kasper, author of The Supreme Court and the Philosopher: How John Stuart Mill Shaped U.S. Free Speech Protections