From a trusted scholar and powerful story teller, an accessible and lively history of free speech, for and about students.
Let the Students Speak! details the rich history and growth of the First Amendment in public schools, from the early nineteenth-century's failed student free-expression claims to the development of protection for students by the U.S. Supreme Court. David Hudson brings this history vividly alive by drawing from interviews with key student litigants in famous cases, including John Tinker of Tinker v. Des Moines Independent School District and Joe Frederick of the "Bong Hits 4 Jesus" case, Morse v. Frederick. He goes on to discuss the raging free-speech controversies in public schools today, including dress codes and uniforms, cyberbullying, and the regulation of any violent-themed expression in a post-Columbine and Virginia Tech environment. This book should be required reading for students, teachers, and school administrators alike.
David L. Hudson Jr. is a scholar at the First Amendment Center. Hudson writes for firstamendmentcenter.org and for other publications devoted to First Amendment issues. He is the author or co-author of more than 30 books, including several on the U.S. Supreme Court, the Constitution and student rights.
He is a First Amendment contributing editor for the American Bar Association’s Preview of United States Supreme Court Cases. Hudson graduated from Duke University in 1990 and obtained a law degree from Vanderbilt University Law School in 1994. He teaches First Amendment classes at Nashville School of Law and Vanderbilt University Law School. He also teaches at Middle Tennessee State University.
This book does a great job of detailing the long push for students' rights in schools. David L. Hudson Jr. does a fantastic job of showing how students' rights have evolved from the birth of our nation to the early 2000's.
Let me give an analogy for you. Hudson is like an abortion activist who views all abortions as righteous, no matter how developed the fetus is, and who thinks that anybody who tries to get involved in the abortion process is violating the rights of the woman, be it a boyfriend, a school counselor or a parent. This activist also thinks that any woman who decides to keep the baby instead of aborting is an idiot, indoctrinated by anti-abortion fanatics. So, let's use this analogy to look at Hudson. He thinks that any attempt by teachers or administrators to intervene in cases of racist or disturbed speech or drawings is an immediate violation of free speech, and his writing makes it clear that he wants everybody to assume that teachers and/or administrators will always overreact, no matter how outside of their purview or how innocent said drawing, shirt or speech is. He assumes that the whole public school system is the enemy to the first amendment, has been and always will be. Hudson makes no allowances for school safety, nor extraordinary situations such as inner-city schools dealing with gangs or where there are race, sex or LGBTQ problems. He thinks that violent tendencies and such should be treated as simple "adolescent angst" and not be attempted to deal with. He states that after Columbine and the VPI shootings, schools immediately locked down on all violent expressions by students. True, certain schools certainly overreacted to drawings or literature (short stories, poems); but I do not agree that expressions of violence should be ignored. The boy who wrote song lyrics about doing things (more appropriate for Law & Order SVU than for school) to his ex-girlfriend - it doesn't matter if he didn't publish them or make them publicly available, this boy needed counseling. Outside of school, definitely, and not jail time, but still. Hudson acts as if these explicitly violent lyrics are simple expressions of creativity. And then there's the case of the students who created fake social network accounts in the name of a teacher they didn't like - Hudson claims they were innocent, skating over the point that these students posted explicit and damaging things about this teacher, which caused her to take time off from work due to emotional distress. But enough examples. Hudson accuses administrators and judges of ignoring facts; he does so, too. Pot calling the kettle black, anyone? I support free speech and expression, and abhor censorship just as much as anyone. But you know what else I don't like? Manipulation of facts to make your own premise, especially when done as blatantly as Hudson does.
Thank you Anthony C for this great review! A powerful and bold look at First Amendment Rights and how those rights limit students then and now. A look at how students’ freedom of expression in public schools is not really a priority. Hudson uses chapters in history such as Columbine, as a way to urge individuals they have rights in and out of school. Teachers and students will find this an authoritative and valuable look at the First Amendment. Index of Cases. Anthony C., Abington Senior High
Hudson’s book seems designed for a high school or underclassmen study of free expression in schools. It would be a great tool for that, and is also pretty enjoyable just by itself. Hudson lays the groundwork well (no previous legal study necessary) and connects the dots between the different court interpretations of the First Amendment, showing both the trajectory and current battlefields of student speech. All your favorite cases are here, from Pledge of Allegiance refusal to Bong Hits for Jesus.
Good overview of students’ First Amendment rights (or lack thereof). I picked this up after finishing Unlearning Liberty, which tackles a similar subject, albeit with a focus on college students. Out of the two, I liked Unlearning Liberty slightly better (mostly because it delves deeper), but the two combine to make for excellent bookends on the issue.