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Free Speech

Free Speech and Respect for Student Autonomy

Ronald Den Otter | 5.27.2026 10:28 AM

In my book, in defense of considerably more constitutional protection for student speech, I make an autonomy-enhancing argument, relying not only on the importance of respect for student autonomy on the part of school authorities, implying that in almost all circumstances, students should be able to say what they want to say and how they want to say it, without fear of being punished. I also underscore the extent to which the exercise of free speech rights over time can help students develop their autonomous capacities, as speakers, listeners, and thinkers. That is not to say that other free speech arguments are bad. I just happen to think that an autonomy-enhancing one, coupled with the inability of school officials to censor competently or impartially, is particularly well-suited for the context of secondary education.

Although I'm not a libertarian, I am very libertarian about some things, including free speech. I might be even more of a free speech absolutist than Professor Volokh is (if that is logically possible, ha ha). I detest paternalism, that is, justifications for restrictions on free speech that maintain that not being allowed to speak or be exposed to the ideas of others is for the good of the speaker or the listener. I would prefer to live in a society where normally, lawmakers do not tell people what to do, as if they are wiser or know a person better than that person knows him/herself. I find it arrogant for anyone to assume that they know what is better for me than I do and to think they should be able to use political power to coerce me for my own well-being.

For similar reasons, paternalistic defenses of censorship of student speech do not work. Respect for the autonomy of each student on the part of school authorities requires a very strong presumption in favor of letting students express themselves, even when they express false, offensive, or stupid ideas. By "autonomy," I mean the right to make personal choices about the most important aspects of one's life and to be responsible for........

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