Subjects, citizens, or civic learners? Judicial conceptions of childhood and the speech rights of American public school students

Abstract

This article, based on a qualitative analysis of 81 legal opinions, considers the relationship between judicial conceptions of childhood and the speech rights of American public school students. The author presents six main principles from the opinions and examines the relationship between them and conceptions of childhood. The article shows that the opinions reflect three primary conceptions of childhood: as a period walled off from adulthood in which children are subjects; as a period of becoming in which children are civic learners; and as a period akin to adulthood in which adults and children, as well as their respective rights, are fundamentally the same. The article concludes that judicial conceptions of childhood have helped produce a body of law that reflects and perpetuates society’s inconsistent and ambivalent beliefs regarding childhood.