Legal Commentary

The Lewis & Clark Law Review has posted online the various contributions to their symposium, "Speech and the Public Schools After Morse v. Frederick." 

In the symposium, Kenneth Starr "explores the divided factions of the Court"; Erwin Chemerinsky considers the opinion's implications and urges that Justice Alito's opinion take center stage going forward; Sonja West offers reasons for concern that the ruling could have a "chilling effect on even protected expression"; Stephen Kanter asks what a close reading of the various opinions suggests about the Court's future direction; Doug Laycock "explores the extent to which inculcating particular ideas can be part of a school?s mission, and the still narrower set of cases in which suppression of dissent can be an acceptable means of inculcating those ideas"; and, in a similar vein, I ask, "Can There Really Be 'Free Speech" in Public Schools?"