Free Expression and Education: Between Two Democracies

Abstract

Through the 1920s, American government was largely republican democratic. From the 1930s onward, government became pluralist democratic. This Article examines the relationship between these different forms of democracy and free expression in educational settings. The Article pays particular attention to Tinker v. Des Moines Independent Community School District and its progeny as well as the recent case, Morse v. Frederick, holding that a public school did not violate the first amendment when it punished a student for displaying a banner proclaiming, “BONG HiTS 4 JESUS.”

Keywords: democracy, free expression, constitutional theory, education law