The Schoolhouse Gate: Public Education, the Supreme Court, and the Battle for the American Mind

by Justin Driver

A Washington Post Notable Book of the Year
A New York Times Book Review Editors' Choice

An award-winning constitutional law scholar at the University of Chicago (who clerked for Judge Merrick B. Garland, Justice Stephen Breyer, and Justice Sandra Day O'Connor) gives us an engaging and alarming book that aims to vindicate the rights of public school stu-dents, which have so often been undermined by the Supreme Court in recent decades.

Judicial decisions assessing the constitutional rights of students in the nation's public schools have consistently generated bitter controversy. From racial segregation to un-authorized immigration, from antiwar protests to compul-sory flag salutes, from economic inequality to teacher-led prayer--these are but a few of the cultural anxieties dividing American society that the Supreme Court has addressed in elementary and secondary schools. The Schoolhouse Gate gives a fresh, lucid, and provocative account of the historic legal battles waged over education and illuminates contemporary disputes that continue to fracture the nation.

Justin Driver maintains that since the 1970s the Supreme Court has regularly abdicated its responsibility for protecting students' constitutional rights and risked trans-forming public schools into Constitution-free zones. Students deriving lessons about citizenship from the Court's decisions in recent decades would conclude that the following actions taken by educators pass constitutional muster: inflicting severe corporal punishment on students without any proce-dural protections, searching students and their possessions without probable cause in bids to uncover violations of school rules, random drug testing of students who are not suspected of wrongdoing, and suppressing student speech for the view-point it espouses. Taking their cue from such decisions, lower courts have upheld a wide array of dubious school actions, including degrading strip searches, repressive dress codes, draconian "zero tolerance" disciplinary policies, and severe restrictions on off-campus speech.

Driver surveys this legal landscape with eloquence, highlights the gripping personal narratives behind landmark clashes, and warns that the repeated failure to honor students' rights threatens our basic constitutional order. This magiste-rial book will make it impossible to view American schools--or America itself--in the same way again.

Genres: Education, Nonfiction, History, Law, Politics, American History, Audiobook

576 pages, Hardcover

First published September 4, 2018

Reviews

[Matt · Rating 5 out of 5]

I always enjoy exploring constitutional matters, particularly in the highly judicious United States of America. Justin Driver, renowned constitutional scholar, explores the role the US Supreme Coirt has played in assessing the constitutional rights of students in a public school setting. While the decisions are far-reaching and varied, their assessments are quite compelling, as well as the thunderous dissents some Justices bring to the table during certain cases. Driver opens the eyes of the curious reader to explore how constitutional law serve to complement or limit the rights of students in a scholastic setting through a number of important issues. Well-crafted and well worth my time, I could not get enough of the analyses Driver presents.

As Justin Driver argues in the introduction, the constitutional rights of students in public schools have become bitter and divisive when reaching the courts. Cases of racial segregation are just as difficult to assess as anti war protests, as are challenges to compulsory flag salutes and teacher-led prayer. While these are only a few cultural divides in America, the US Supreme Court has been required to examine cases stemming from elementary and secondary schools across the country. What makes these cases somewhat unique, still using the constitutional filter, is that the main players in the cases are usually children. Driver explores how the Court took the lead to examine the rights of children under the US Constitution and whether the Court ought to become the school board of the country.

Driver gives a refreshing account of these battles that have filled the history books, reminding the keen reader about the clashes waged over education and shows that this sort of thing is still taking place today While many know Brown v. Board of Education, there are so many more examples and legal disputes that are sure to divide the country and readers as they seek to understand the nuances of children and constitutional rights, including some that preceded Brown and proved just as controversial. Driver takes a large view of trying to find cases that have served to explore many of the legal issues and put them to the test, as well as pointing out the sentiments of some powerful Justices on the Court.

While the cases evolved, Driver lays the groundwork to show that the last half century has left the Supreme Court choosing to take a 'hands off' approach to protecting students' constitutional rights, feeling that they do not want to interfere in school boards or their state legislatures. This can show deference, but it is also a stark removal of a constitutional protection of the country's most vulnerable population. Public schools have become so varied from state to state that there is no expectation of uniform education across America, even if both Trump Administrations have flouted the state-rights sentiment on deciding school rules and protections. While there will be varied results, the fundamental expectations ought not be so different when crossing state lines.

Additionally, Driver argues that involvement of the Court is essential to better serve to show students how their rights—for many the first time they will see constitutional protections in their lives—matter and are protected by the gatekeepers of those who are charged with overseeing the direction of the individual and collective. Driver takes these cases and puts them to the test to better understand the nuances of rights and expectations. The Court has not be unanimous in its addressing these issues, nor has it agreed that it ought to be involved, which only makes the reading of this book all the more important. Readers who want to see evolution and, at times, clear devolution of the rights of students' ought to see how Driver leads the argument throughout the book. This is not to be lost on the attentive and curious reader.

A book of this nature serves the dual role of exploring legal shortcomings and offering an analysis of remedies sought or implemented. Justin Driver delivers a great analytical assessment of legal matters involving the Court and public school students on many planes, as well as how the Court took a varied view of playing a role as mediator. Driver uses his experience and academic prowess to better assess things for the curious reader, providing key arguments within documented narratives that seek to educate the reader and beg for further discussion by the layperson. Constitutional matters are never without drama or complexity, which Driver ‘drives’ home (pardon the pun) throughout the piece. He uses well-established chapters to guide the reader and posits repeatedly throughout the analysis to instil his own sentiments on issues at hand. I can only hope to find more of his work soon, as this was both an entertaining and cerebral experience.

Kudos, Mr. Driver, for this sensational assessment of American constitutional jurisprudence!

Love/hate the review? An ever-growing collection of others appears at:
http://pecheyponderings.wordpress.com/

[Mehrsa · Rating 5 out of 5]

Really thorough and engaging history that is exactly what it says it is—it’s a history of the constitution and the court through the lens of decisions about schools. It makes sense (though I hadn’t considered it before) that the tensions of democracy would come to a head as school boards and communities decide what to teach the children and who to admit into the schools. These decisions have been incredibly consequential as well outside of the school context. Not just Brown, but the decisions on free speech and guaranteed education for immigrants, religion in school, etc. I found it particularly interesting to think about the political rhetoric on school prayer that emerged as a misunderstanding of the court’s decision—a decision that the court itself did not feel to be a controversy at all.

The most fascinating point to consider for me was at the end where he discusses the rise of home-schooling among the religious right. He posits that this has likely led to far fewer cases on religious freedom than would have otherwise occurred because a whole bunch of potential litigants just opted out. Interesting

[Hayley Stenger · Rating 5 out of 5]

This book did an excellent job reviewing Supreme Court cases throughout the 20th and 21st centuries regarding public education. This book is an important read about everything you could think of relating to public education- from limitations on free speech in public schools, to religion, to equal funding in schools, to search and seizure. Driver mentions and does an excellent job in portraying how difficult these cases were specifically for the families involved and how deeply we, as a society feel connected to and feel the effects of public education decisions.

If you are an advocate, parent, teacher, or community member. I recommend this book to you.

[MacK · Rating 4 out of 5]

Hello, you may be reading this because you liked my review of Pride and Prejudice, or Shantaram, or the Magus, or lots of other really interesting pieces of classic and modern fiction, but did you know that the world of court rulings regarding civil liberties in American Education is even more...

Wait, don't go!

Wait no, seriously, it's a good book, you'd like it if you tried it...and were deeply invested in education policy and equitable schooling reforms of the late 20th and early 21st...and you're gone aren't you...?

Well, for whoever is still reading this...Justin Driver's history of SCOTUS rulings related to Education is right smack dab in my wheel house. I'm a teacher, yes, but I'm mostly interested in the question of how we support and inform future generations of citizens and leaders. How are we constructing curricula, how are we honoring student voices, how are we considering and valuing parents requests (even when we disagree with them), and how are we playing a part in the grand democratic experiment of our nation.

Driver's work covers all that and more. Over seven thematic chapters, he dives into questions of expression, due process, funding, equal protection, and religion: from the turn of the 20th century, to the early stages of this one. He develops a reliable and comforting rhythm: case specifics (often with a little hint of litigant personalities), court ruling, majority & minority opinion summaries (both of which have enough savvy commentary to make the legalese palatable and the human flourishes genuinely fun), public opinion in response, academic opinion in response, and his personal opinion.

My only gripe is that at times, he becomes so immersed in any one of these situations that it can be hard to keep track of things, but when a new section starts so does the process of engaging retelling.

I'm by no means an expert, just a nerd with a personal stake in all the history and all the future. But I am deeply indebted to Mr. Davis, and sincerely thank him for prompting me to wonder: what am I doing in education, and what do I want to do to make my school and every school a place that nurtures our future leaders each and every day?

(Please don't blame him for prompting you to wonder: "what in the world is going on this reviewer's head?")

[Tyler · Rating 5 out of 5]

Excellent book, very illuminating on the state of our schools in a constitutional sense. Did you know that kids are still being beaten with paddles in schools right now??! Its wild.

[Kaitlin Barnes · Rating 5 out of 5]

Learned a ton! Unfortunately the religious section needs some major updating because the last 6 years haven’t been great for the establishment clause. School prayer is so back, baby!

[Sally · Rating 5 out of 5]

"The tendency of focusing attention on constitutionality is to make constitutionality synonymous with propriety; to regard a law as all right so long as it is 'constitutional.' Such an attitude is a great enemy of liberalism."

"And no civic task is more essential than ensuring that the Constitution is viewed in public schools not as some abstract piece of parchment that a social studies teacher occasionally invokes in class but as a vital, meaningful document whose principles inform students' lives every time they step within the schoolhouse gate."

[Rose · Rating 4 out of 5]

Took my time reading this one; I really enjoyed the deep dive into the history of Supreme Court cases on educational matters. From student free speech to religion in schools, segregation to funding, it was so interesting to trace the evolution of SCOTUS precedents in public schools. The book was fairly dense and legalistic, but captured the experiences of individuals impacted by the cases in a compelling way. I recommend!

[Zach · Rating 5 out of 5]

I've been teaching in a public high school for 15 years.

I wanted to learn more about the history of public education with respect to the Supreme Court.

I bought this book on Audible.

I listened to it.

I know way more about my job and the mission of public education in the United States.

Success.

[Aedan Lombardo · Rating 5 out of 5]

A very engaging survey of students’ constitutional rights. Very readable and approaches each case from a variety of perspectives beyond the opinion. Alarming at times, but incredibly important information to truly understand the state of public education in the United States.

[Laura · Rating 4 out of 5]

The Schoolhouse Gate is a compendium of Supreme Court cases dealing with issues affecting public elementary and secondary schools in the 20th century. Driver groups the cases he discusses by topic (equal opportunity, equal protection, freedom of speech, fourth and fifth amendment rights, religious issues) and within the topics presents a roughly chronological discussion detailing the substance of the case, majority and minority opinions, reactions to the decision, and its implications for the schools and their pupils. the presentation is clear, readable and thorough.THis is an excellent history and reference for one concerned with the issues Driver, a professor at University of Chicago Law School, has chosen to discuss.

[Ryan Collins · Rating 5 out of 5]

While this is a dense read, it's written in compelling and engaging prose. A comprehensive overview of 20th and 21st century educational law, The Schoolhouse Gate examines the Supreme Court's ruling in momentous cases regarding students' rights. The author makes the persuasive argument that if we want students to become engaged and active citizens we have to ensure that students are guaranteed their constitutional rights. Otherwise, students will grow to view the constitution as "hollow rhetoric." While I don't agree with all of Driver's arguments, I certainly took a lot away from this read!

[Davis Parker · Rating 4 out of 5]

Great book for readers interested in ConLaw and Ed policy history.

I disagree with Driver on some things, but he is imminently fair in his analysis and does a great job presenting the costs/benefits of each decision.

[Emilia Lacy · Rating 4 out of 5]

Justin Driver’s book, The Schoolhouse Gate: Public Education, the Supreme Court, and the Battle for the American Mind, explores the ways in which elementary and secondary public school students’ constitutional rights are protected and/or infringed upon based on Supreme Court cases throughout the 20th and 21st centuries. Touching on topics such as religion, segregation, sex separation, corporal punishment, policing, drug testing, and unauthorized immigration, Driver presents historical instances of students and families challenging schools’ rules and authority; explains how they advanced to the Supreme Court and their subsequent outcomes; and provides his opinion on the cases and their outcomes respectively. A Professor of Law at the University of Chicago, former editor of the Harvard Law Review while attending Harvard Law School, and former clerk for multiple Supreme Court Justices, Driver’s insight into the topics explored in the book and investigation of their complexity and implications are well-supported and intriguing through his credible perspective. I rate this book 4/5 stars. The book’s purpose is to present a well-organized, thorough, neutral account of Supreme Court cases that have notably promoted or violated the American concept of constitutionality in nationwide public schools while additionally including Driver’s relevant and engaging commentary. This purpose is absolutely achieved; the cases presented are very interesting and I continuously found myself seeing how the ways in which the students presented were conflicted apply to my experience as a public-school student. Everything is explained in great detail and it is extremely easy to tell the incredible amount of research that went into the writing of the book through the quotation of several Supreme Court Justice’s per case, context provided through teachers’ and schools’ backgrounds, laws in place at the time of a case and their nationwide disparities, and footnotes providing additional comprehensive resources should a certain case pique the reader’s interest. Driver’s opinions are fascinating when considering his expertise on the topics being explored and I often found my own ideas of equality and constitutionality reflected in his sophisticated words. This allowed me to connect with Driver’s storytelling, investigation, and analyzation of the cases being presented to a point where I developed a level of trust in his writing. I find the downfall of the book to be how exclusively it tailors itself to certain audiences and can be rendered incomprehensible to readers outside of these audiences. These audiences seemingly include those interested in a deep and immersive study of law, those concerned with their rights in public school, or perhaps those who wish to challenge a concept of constitutionality within the public education system who are seeking evidence and methodology from past cases. All of these audiences would certainly find useful information by reading the book: law students can learn about a variety of substantial cases pertaining to the public education system, as well as several relevant and involved perspectives in their decision; the book’s thorough summary of what rights public school students do possess as a result of past cases would provide one with an idea of their current rights in the American education system today, especially since the book is of a recent, 2018 publication; and the detailed explanations of the processes through which students and families throughout the 20th and 21ist centuries challenged unconstitutionality within their schools provide abundant example to those looking to do the same. As a high school student who read the book through an interest in social justice and constitutionality in my personal educational environment, I enjoyed reading it and certainly learned a lot regarding those subjects; however, the density of the content made it hard to digest at times. There is an assumption that the reader has a basic understanding of how the justice system works in the United States, and there was a constant sense of ambiguity as several names were referenced (cases, students, schools, teachers, Supreme Court Justices, etc.) throughout the book with their only definition/clarification having come when they were initially mentioned. Additionally, paragraphs were often a full page long which did not leave automatic space for the reader to fully grasp new information, which only contributed to further ambiguity. Nonetheless, the book establishes and completes its purpose very effectively, but is comprehensible and understandable mainly from very specific perspectives and intentions.

[Emma · Rating 4 out of 5]

The public education system is one of controversy when it comes to students’ rights and how they differ in and out of the schoolhouse. The various lenses on these rights are never-ending and often made to be too complex to grasp, but Justin Driver’s nationally praised book makes the controversy accessible. “The Schoolhouse Gate” is a compelling analysis of legal decisions that have defined the public-school student’s rights as they pertain to patriotism, religion, race, culture, gender, sex, immigration, and expression. Through seven extensive chapters Driver connects these decisions to the word of the Constitution, previous related cases, and today’s education system while giving his own revised opinions on the matter. It takes the average citizen through a lesson on our youth’s undeniable rights- though sometimes deniable -that define their academic, physical, and social lives while attending an American public school.
This is undeniably an outstanding read. Getting technicalities out of the way, the organization of the subtopics into chapters which are then broken up by subheadings based on a given court case is extremely well done. The amount of detailed research that went into the novel is obvious through such organization as well as the sophisticated language Driver uses as an expert in law. Yet, his writing allows for complex topics to be grasped easily by the reader who has never delved into law before. The cases touched on are timeless and relevant- most are from the 20th century -thanks to Driver’s deeply analytical yet comprehensible tone and especially through his personal input often given at the end of a subsection.
The main critique I would give to this title is how it is possibly too academic, in a sense. Paragraphs are lengthy and often take up an entire page. This is done to maintain the book’s appreciated organization but can make reading a bit of a drag. This is no light read and at times it felt dreadfully slow to get through a single court case analysis. Driver’s sophisticated tone was also too consistent; these cases undoubtably touched on important cases that related to the supposedly undeniable rights of America’s youth- arguably the most important generation at a given time – but some humor or lighthearted anecdotes could have been used sparingly to move the plot along and keep the reader engaged. However, if this is all I personally dislike about a novel of such high-quality analysis and complex understanding, then I will still happily read this book for its benefits of keeping its reader from remaining ignorant to the ignored injustices of the public education system.
This is one of those books I could argue every American should read. The majority of our nation’s youth attend public school and knowing how they are allowed to act in these institutions that are supposed to set them up for success is crucial if we want to allow them to continue to improve our country and world. If you have not had the time to read in a long time and are looking to pick up a book to get you back into that routine, I urge you not to read this book. You’ll need some endurance and tolerance for long, scholarly passages to get the most out of this one, and the faint-minded will find no enjoyment in getting through this title. The ideal reader would be a young person interested in law, possibly even with some background knowledge in the field. Those who are used to staying focused while considering many complexities when reading will certainly get the most out of this title. Again, it is no easy or even enjoyable read, but for the thinker who wishes to deepen their understanding of the legal system and its effect on the youth would finish it satisfied with their takeaways. For the readers like me who enjoy reading on a regular basis but are not Harvard Law School students, it will likely take more focus and self-motivation than the last title you enjoyed. However, I promise you will walk away with a broader understanding of the innerworkings of our schoolhouse gate and its effect on the country’s most valuable yet vulnerable citizens.

[Karel Baloun · Rating 4 out of 5]

“Whenever two more groups within a state differ in religion, or in language and nationality, the immediate concern of each group is to use the schools to preserve its own faith and tradition.“ (P12)

And ongoing theme of the author is weighing the question of whether the supreme court ratifies public opinion or shapes it, another words whether a unified society or actively creates a change. The author says he tends towards the former, though it’s complicated.

The first chapter makes me feel sick at how complete and recent white supremacy is in America, and how oddly it was separated from religion explicitly. We are so fortunate that one thing the founders were sure about was completely secular government, because they abhorred what religion did to the colonists and to Europe.

Corporal punishment is still allowed in US schools. (p142) Wat?!!~ In 2012, nearly 167,000 students still received corporeal punishment in schools. Arkansas is apparently leading the way on this anachronism. (p184) And yeah, most school “discipline” is meted out against black students. More institutionalization of injustice. (p158) Just because the constitution doesn’t outlaw teachers beating students doesn’t mean that this is okay (p172), though conservative justices insist that this should be asserted through the legislative process and through civil torts, rather than constitutional remedies.

The drug war in schools is documented to be a travesty, as is the sad militarization of schools with police as of federal payments for this service from 1994. Yet in no way is this just a historical text — current justices and topical issues abound, led sadly by racism and apparent inequality before the law. Even back in 1956, 69% of American whites felt that blacks were “treated fairly”, and this was before the Voting Rights Act when a vast majority of southern blacks effectively still could not vote… and how little the self-imposed blindness has receded. (p255) The reappraisal of the Brown decision is excellent (p308-314) — still now fully 1/3 of black students attend a school that is 90% black.

Before the Engel decision of 1962, school prayer was as central to schools are reading and writing. Just 60 years ago! Whoa. (p381)

Is all of Southern White Culture just a stain on America? What lasting value besides a legacy of unearned entitlement and cruelty? Perfect base for our single worst president ever.

Driver is a professor of constitutional law, and demonstrates encyclopedic knowledge. I struggle to just remember key nuggets as I follow his complex, detailed arguments. And I’m left with an overall dismal feeling that the SCOTUS is not up to the key social challenges of our time, or any time. I had hoped it was, and now I saw the sausage being made… Yet Driver’s book is consistently optimistic, extolling the causes of liberty the SCOTUS has provided all Americans by preventing government authoritarian overreach into education policy and school life, and proposing a small handful of SCOTUS opinions that could further improve schools.

[Chris · Rating 4 out of 5]

This book provides a nice roundup and discussion of key USSC cases addressing the constitutional rights of students. One thing that is very clear is that turning to the US Supreme Court for decisions has not resulted in opinions that show any great penetrating wisdom in operation at the USSC. The Court has been made up of men and women who come preloaded with preconceptions and prejudices about the role of schools and the rights of students that reflect their times. I found myself thinking a lot about Justice Frankfurter's descent in Barnette. Frankfurter thought he saw a trend in which people saw a correspondence between what is constitutional and what is right and good. In other words, there are things that would be bad policy which would nonetheless be constitutional; it is not productive to make the Constitution and courts interpreting it the arbitrator and champion of every positive liberal value. He wrote, "Only a persistent positive translation of the faith of a free society into the convictions and habits and actions of a community is the ultimate reliance against unabated temptations to fetter the human spirit." What Frankfurter was concerned with was that the majority in the Barnette case, written by Justice Jackson, was putting the USSC in the role of overseeing public schools, taking this out of the hands of the local communities and making it more likely that more and more cases would result in litigation. It seems a good point. Local school boards are probably more reflective of the mores and beliefs of the parents whose children are being schooled, but then Jackson makes the excellent point, too, that small and local authorities may not feel the same duty and connection to the Constitution and its protections for individual rights. Barnette was a repudiation of an earlier decision written by Frankfurter, and much reviled, in Gobitis, that had upheld regulations requiring students to salute the flag because it would foster national unity. As you read through the history of the Court and schools there are lots of interesting stories like this about how conflicting values play out in the opinions of the court. The book is accessible to anyone--not just lawyers--with a basic knowledge of the Constitution and courts.

[Samantha C · Rating 3 out of 5]

I would give this 3.5 stars if I could, but considering that I can't I feel this book is closer to 3 stars than to a 4.
The Schoolhouse Gate provides an in-depth look at the role the constitution and Supreme Court play in public schools. The author, Justin Driver, provides a detailed history of the Supreme Court rulings regarding the constitution and public schools through a variety of lenses including freedom of expression and students’ rights in disciplinary procedures. Driver argues how despite several successes in protecting students' rights, the Supreme Court overall has failed in its duty to students’ rights. I felt Driver provided an extensive outlook on the role that the Supreme Court plays in public schools. He seemed to described in detail every relevant court case, from the niche cases of Ingraham v. Wright to the commonly known Brown v. Board of Education and Tinker v. Des Moines. I enjoyed seeing how the rulings Driver covered influenced my education. For example, one topic he covered was School Resource Officers, police officers assigned to schools. My school has a school resource officer and it was interesting to see the arguments for and against them. However, in many cases, Driver’s writing was overly complex and hard to understand. I felt that to the average reader, while this may be an interesting read, it would not be an easy one. For example, one of Driver’s sentences states, ‘skeptics of J. D. B’s import could confidently predict that the recitation of Miranda warnings would not meaningfully diminish schoolhouse confessions,” (pg. 253). Driver uses complex language to convey his point. His syntax can be wordy and dense. It should be noted though, that for those well versed in law, such as law students, judges, lawyers, and the like, that criticism would not be applicable as they would likely be familiar with the topics Driver addresses and the style he uses. Overall, I appreciated the content of The School-House Gate, but I felt it was not an accessible read for the general population. If you are fine spending a long time working out what a sentence means and are interested in the role constitutional law plays in public schools, this is the book for you.

[Manav Rathod · Rating 5 out of 5]

This was a great book that explored various interesting issues at the intersection of law and education. The individual chapters are nicely contained and do a great job at building a narrative for these different flavors of legal questions that have evolved with their relationship to schooling. The book does a great job at articulating the details of the many cases presented and ties the opinions together in a pretty cohesive narrative. I felt like the explanations were often clear enough that I could easily grapple with the questions myself and conclude independently, whether they were the same or not. I appreciated the fact that the author took the effort to state their opinions and when they differed from the actual law and oftentimes did so quite elegantly. There were chapters that weren't as clear as others, particularly a large part of the section on racial schooling, but it doesn't detract too much from the overall excellence of the book. There is definitely a lot to think about after reading this book and it opens up a lot of interesting lines of thinking both in terms of general legal questions but also specific educational policy reforms.

[Alex W Bennett · Rating 5 out of 5]

This book by professor Driver is exceptionally well written. He takes a well balanced approach to each of the cases and topics. He lays out the background of the case and the judicial decision.responses from academics, and media from across the political.spectrum. Although there are times where I do not agree with his analysis, which at times interferes with the overall argument being laid out, At times this could be appear that he has an agenda. My biggest criticism as a high school teacher at a college professor is that his understanding of what happens in the school systems especially public School systems is inaccurate, he is a college professor who has not taught in a classroom in 30 years and he makes assessments about how schools react to certain situations such as a heckler's veto or other symbols such as the confederate flag. However this should not be a deterrent of reading this book. He writes beautifully, and his analysis for the most part are spot on. He provides a very accurate Presentations of the court cases , and as stated above at times his personal opinion, Interferes with the overall quality of the book.

[Michael · Rating 5 out of 5]

Impressive, scholarly review of Supreme Court jurisprudence related to education. This is not a broad overview, but rather is a deep dive into litigation related to schools and schoolchildren. After an introductory chapter discussing some of the early cases, the rest of the book is organized into chapters by subject area, covering freedom of expression, search and seizure, desegregation, financing of schools, etc. The majority and dissenting opinions are explored in great detail and compared to earlier decisions. There are also helpful discussions of the media and public reactions to the decisions.

Some broad themes emerge, involving the flexibility of many Constitutional principles, and how they have often been applied to afford more limited rights to schoolchildren than are granted to adults.

The author freely offers his own opinions as to the correctness, or lack thereof, of many of the court’s rulings.

It may seem like dry topic, but the book was never boring. A fascinating, impressive, important work. Highly recommended.

[Oliver · Rating 4 out of 5]

A thorough review of Supreme Court decisions addressing various conflicts in public education, including desegregation/integration, funding issues, church vs. state and First Amendment expression, among others. The general theme is that the Court had set out several benchmark protections for public students; however, the more recent trend has the Court either demurring from addressing or expanding upon those decisions, or, carving out (sometimes ridiculous) exceptions to the detriment of those children.

[Joe Shroyer · Rating 5 out of 5]

I found this book fascinating, well-written, and still engaging even for a non-legal reader such as myself. As a history, Driver's work is an illuminating piece of scholarship that showcases the breadth and depth of SCOTUS's impact on American public schools. But beyond that, for me the book exposed me further to some of the intricacies of constitutional law, which forced me to reckon with very difficult questions that permeate beyond the "schoolhouse gate" and into everyday American life.

[Joy Folkens · Rating 4 out of 5]

Highly recommend. Covers all supreme court cases relating to public education since
our nation was founded. Central argument is that children have constitutional rights, and the
state (represented by our education system) can not abridge those rights. Tells the stories of
those children, and is accessible to people who don’t know much about the constitution (in fact,
it is a great introduction). Only downside is that it is long and difficult to read

[Warren · Rating 4 out of 5]

Took awhile to read this one, but it was really important for me, as a first-year administrator, to study this thorough account of US Supreme Court cases involving public education. At times I wished it spoke more to me as an educator, but it was written by a law professor and it offered just what it promised. A good one to finish the year on.

[Fraser Kinnear · Rating 3 out of 5]

The conclusion offers a fantastic summary of the key trials discussed thoughout this book, and is worth quoting at length:

Without the Supreme Court, public schools today could still require students to salute the American flag or otherwise face expulsion, a practice that West Virginia State Board of Education v. Barnette invalidated in 1943. Without the Supreme Court, public schools today could still rely upon explicit state authority to prohibit all racial minorities from attending school with white students, a practice that Brown v. Board of Education invalidated in 1954. Without the Supreme Court, public schools today could still routinely permit teachers to lead students in prayers and Bible-reading exercises, practices that Engel v. Vitale and Abington School District v. Schempp invalidated in the early 1960s. Without the Supreme Court, public schools today could stil preemptively prohibit students from displaying symbols to express controversial ideas to their classmates, a practice that Tinker v. Des Moines Independent Community School District invalidated in 1969. Without the Supreme Court, public schools today could still suspend or expel students without affording them even a brief hearing, a practice that Goss v Lopez invalidated in 1975. Without the Supreme Court, public schools today could still display the Ten Commandments on classroom walls, a practice that Stone v Graham invalidated in 1980. Without the Supreme Court, public schools today could still prohibit unauthorized immagrants from receiving a tuition-free education, a practice that Plyler v Doe invalidated in 1982. Without the Supreme Court, public schools today could still openly embargo books from their library shelves, because of the provocative ideas they contain, a practice that Island Trees School District v Pico cast grave doubt upon in 1982.

Driver argues that some of these decisions, like Brown and Tinker have been the victim of steady erosion since the more conservative courts rose in the 1980s, and he tracks their mixed success.

It all makes for interesting American history, but I was surprised by how many of these cases boil down to the same themes, which we see play out in our broader politics today. Conservative voices argue for local control and complain of judicial overreach, while the progressive voices that won all of the above cases argue for Federal enforcement of civil rights, as conceived in our constitution. Occasionaly, one sees civil right arguments made on both sides.

[Toby Murphy · Rating 4 out of 5]

Impressive and I learned a bit. The book itself isn’t as accessible as some of the blurbs makes it seem. It’s not for those who either don’t have a law background or aren’t bothered by doing an internet search here and there. Pretty solidly structured and highlights aspect of education that many need to know about.

[Rithwik · Rating 5 out of 5]

Driver does a masterful job making the topic of key Supreme Court decisions approachable to audiences new to judicial literature (such as myself). I really appreciated the narrative approach to writing and delicate balance between objective legalese and Driver's personal views. The footnotes were incredibly insightful as well.

[Gina · Rating 2 out of 5]

This book took an interesting topic and made it boring. It was also disappointing that it chose to focus on less than a dozen legal cases when there are so many cases involving schools that could have been discussed.

[Emily · Rating 5 out of 5]

An excellent book! Very nuanced and thoughtful. My only quibble: Professor Driver loves complex sentence structures. Given that the subject matter is already fairly dense, I suspect that non-lawyers might struggle to wade through some passages.