The Nurseries of Democracy: Education for Citizenship and the First Amendment Rights of Young Students

Christopher Thomas

Are public schools the "nurseries of democracy," or do they teach "lessons in censorship" (Ross, 2015)? This project examines the First Amendment rights of young students in public elementary schools, an overlooked and underexplored topic in education and legal scholarship. Despite the Supreme Court's affirmation that students retain constitutional rights within schools, courts often uncritically presume that these rights do not extend to young children. This interdisciplinary project seeks to clarify how age and the educational context impact young students' First Amendment rights, putting judicial opinions into dialogue with legal theory, developmental psychology, and educational philosophy. Employing a "holistic analysis" (Warnick & Thomas, 2023), this study engages in a dialogic examination of judicial opinions on young students' speech rights and places those opinions within broader educational and developmental theories and research. By bridging these perspectives, the project provides a comprehensive understanding of young students' First Amendment rights, fostering a school environment that aligns with the democratic values foundational to U.S. public education. By deepening our understanding of the free speech rights of young students, this project seeks to inform both courts and educational practice, ensuring that elementary schools are truly "nurseries of democracy."

About Christopher Thomas

Dr. Christopher Thomas is an Assistant Professor of Educational Leadership and Policy at the University of Florida's College of Education. He received his Ph.D. in Educational Studies, Specializing in Educational Policy, and his J.D. from The Ohio State University. Before joining UF, Dr. Thomas was an attorney with Frost Brown Todd LLP in Columbus, Ohio, where he primarily practiced education law and represented public school districts. In addition to his legal practice, Dr. Thomas has a breadth of experience in education and the law including teaching high school English, interning with the U.S. Department of Education's Office of the General Counsel, and serving as a judicial extern for Chief Judge R. Guy Cole of the U.S. Court of Appeals for the Sixth Circuit. Dr. Thomas's research focuses on the intersection of education law, policy, and practice, with special attention to issues of democratic governance and participation. He is the author of Reclaiming Democratic Education: Student and Teacher Activism and the Future of Education Policy, which received the Steven S. Goldberg Award for Distinguished Scholarship in Education Law, and a co-editor of the 7th edition of The Principal's Legal Handbook. Dr. Thomas also co-hosts Chalk & Gavel, a podcast that explores how the law shapes education, one case at a time.