December 31, 2018

Schools largely a Constitution free zone

Slate -School, says Justin Driver, is largely a Constitution-free zone. In The Schoolhouse Gate: Public Education, the Supreme Court, and the Battle for the American Mind, the University of Chicago law professor casts a critical eye on the Supreme Court’s decisions—and its inaction—on issues governing public schools. Driver argues that the court, with opinions giving educators the right to inflict corporal punishment, search children without probable cause, and suppress student speech solely for objectionable viewpoints, has abandoned its fundamental responsibility to safeguard students’ constitutional protections. What’s more, says Driver, lower courts—following the high court’s lead—have upheld an array of questionable school actions involving dress codes, off-campus speech, and zero-tolerance policies that suspend, expel, and criminalize children for minor infractions.

Interview with Justin Driver

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