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This review has been accessed times since August 20, 2009

Dupree, Anne Profitt (2009). Speaking Up: The Unintended Cost of Free Speech in Public Schools. Cambridge, MA: Harvard University Press Pp. 289         ISBN 978-0-674-03114-2

Reviewed by Spencer C. Weiler
University of Northern Colorado

August 20, 2009

Thomas Emerson once stated, “Any theory of freedom of expression must therefore take into account other values, such as public order, justice, equality and moral progress, and the need for substantive measures designed to promote those ideals” (cited in Alexander & Alexander, 2008, p. 413). The complexities associated with free speech make the study of this legal issue fascinating, challenging, and discouraging simultaneously. Anne Proffitt Dupree’s book Speaking Up: The Unintended Cost of Free Speech in Public Schools thoroughly explored many of the issues associated with free speech in public education and illustrated the constant tension between a school’s desire to maintain a safe and structured learning environment and the student’s desire to explore the boundaries associated with this First Amendment right. Identifying the paradox that resonated throughout her book, Dupree stated, “The state (in the form of the public school) takes away some liberty from the individual student in order to preserve the liberty of a nation” (p. 2).

The book is so well written it almost reads like a novel, as opposed to a scholarly exploration of free speech issues in public education. Dupree thoroughly explored multiple court cases in each of the eight chapters and offered the reader more than just the facts associated with Tinker, or Hazelwood, or Morse, or Frazier or any of the other cases reviewed in the book. By the end of each chapter the reader understands the issue that arose in each court case, the actual legal question the case addressed, the lower courts’ rulings, the Supreme Court ruling, and the rationale, including the dissentions, for the rulings. In addition, Dupree is to be commended for using the appropriate legal jargons that cannot be avoided in such a discussion and defining these terms for the benefit of readers who might not be familiar with such legal verbiage. Scholars, students, and casual readers of legal issues in public education will all find Dupree’s book informative, thought provoking, and, ultimately, satisfying.

The book’s organization enhances its overall understandability. Each chapter explores in detail a component of free speech in public education. Chapter One offered a sufficient introduction to the topic and discussed the First Amendment, strict scrutiny/ration basis, obscenity and free speech, and a brief history of free speech in America’s public schools. Chapter Two explored the issues surrounding the Tinker case and the ramifications that ruling held for public schools. Chapter Three discussed the dichotomous challenge of developing future productive citizens and simultaneously maintaining an orderly learning environment that schools face through the examination of the Frazier case. Chapter Four examined many of the subtleties associated with public schools and student press rights, including the Hazelwood case. Chapter Five looked at the nuances associated with school boards deciding to censor books. The primary case explored in this chapter was Pico. Chapter Six discussed the ramifications of free speech in the form of religious speech. This chapter examined a number of cases including Gobitis, Schempp, Weisman, and Santa Fe. Chapter Seven considered a teacher’s right to free speech in public schools. And, finally, Chapter Eight reviewed the challenges that arise when a school’s goal, in this case promoting a drug-free learning environment, clash with a student’s right, either real or perceived, to free speech and offered a succinct conclusion to this strong exploration of free speech in public education. The central case in this chapter was Morse.

Dupree’s efforts are particularly noteworthy since she included aspects of free speech that are not typically associated with such a discussion. Her exploration of religious speech was outstanding, considering the scope of this project. By the end of her discussion on religious speech, Dupree provided the reader with a perspective of free speech that is often lost in Church and State discussions. The inclusion of banning books into this scholarly effort also explored a non-traditional aspect of free speech. Once again, Dupree’s examination of issues related banning books was informative and served to better illustrate many of the complexities associated with free speech in public education and with interpreting the First Amendment.

This is not to say that Dupree’s work is beyond reproach. Two concerns will be identified in this review. Chapter Seven’s discussion of a teacher’s right to free speech paled in comparison to the other chapters in the book. The chapter was disjointed and, ultimately, failed to get at the heart of the issues related to a teacher’s right to free speech in a public school. Throughout the book the focus had been on the role of free speech in public schools. However, Chapter Seven shifted its focus away from public schools and toward higher education. The chapter could have better complimented the rest of the work if it had more clearly addressed the rights of public school educators related to free speech exclusively.

In addition to the inadequate discussion concerning the rights of public school educators and free speech, Dupree failed to offer sufficient exploration on a vital free speech issue. Dupree identified the next debate related to free speech with the following statement, “there is a controversy brewing in the lower courts regarding off-campus speech that makes its way onto school grounds” (p. 253). Clearly off-campus speech that results in on-campus disciple is next component of free speech that the Supreme Court will have to address eventually. Unfortunately, Dupree’s exploration of this topic was not as thorough as the other aspects of her book. The overall strength of the effort could have been augmented with a theoretical exploration of the legal ramifications related to off-campus communication, including online postings, that result in on-campus discipline.

The criticisms identified in this review must be qualified. Dupree’s work is outstanding and proved difficult to find fault with overall. Considering the scope of the study, namely to discuss multiple angles of the free speech issue in public schools, and the concise nature of the finished product, Dupree is to be commended for producing a meaningful contribution to the area of free speech. In addition, Dupree masterfully hides any personal bias she might have on the subject and offers the reader an objective presentation of the facts.

The study of law and public education is littered with ambiguities and opinions. Often people desire “the right answer” when examining legal issues in public education and, unfortunately, such an answer does not always exist. Dupree succinctly concluded her book with the following question and answer that illustrate the lack of clarity surrounding free speech issues in public education:

How do we determine how much liberty is necessary in our public schools for students to gain an abiding respect for our fundamental freedoms without destroying the order that is necessary for them to obtain a serious education? The school speech story presents no concrete solution, and there are troubling costs when the line is drawn too far to one side or the other (p. 258).

Fortunately for public school educators, Dupree’s work empowers the reader with the necessary knowledge to more effectively reach a balance between promoting proper school order and encouraging the individuality of the student. For this reason, as well as many others, Dupree’s book, Speaking Up: The Unintended Costs of Free Speech in Public Schools is an outstanding contribution to the study of free speech.

About the Reviewer

Spencer Weiler entered academia after 15 years in public education as a history teacher and administrator. Dr. Weiler is currently an assistant professor of Educational Leadership and Policy Studies at the University of Northern Colorado. Dr. Weiler enjoys offering courses in school law and school finance to aspiring administrators and doctoral students. Current areas of interest include parent-to-parent conferencing, providing all stakeholders with a stronger voice in the school governance process, the fiscal and performance impacts of technology, and the legal implications of charter schools and the McKinney-Vento Homeless Assistance Act. Dr. Weiler
is passionate about studying school law and school finance topics to, ultimately, ensure all students receive a genuinely equal educational opportunity.

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Editors: Gene V Glass, Gustavo Fischman, Melissa Cast-Brede

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