Kenneth W. Starr (Pepperdine University – School of Law) has posted From Fraser to Frederick: Bong Hits and the Decline of Civic Culture (UC Davis Law Review, Vol. 42, 2009) on SSRN. Here is the abstract:
Student speech in public schools has again been thrust into the limelight with the Supreme Court's recent Morse v. Frederick decision. In this Article, former Solicitor General and Circuit Judge Kenneth W. Starr raises important questions about the broad cultural impact of the student speech cases. First, the Article highlights American educational thought's historically communitarian roots. Next, the Article traces the Court's student-speech jurisprudence through the Tinker, Fraser, and Fredrick decisions. Finally, the Article underscores the conquest of libertarian educational ideals over normative communitarian ones at the Court.