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Unformatted text preview: championed, albeit within limits, schools' inculcative role, they have acknowledged a countervailing interest in free expression and thought. This interest was plainly set forth in Keyishian v. Board of Regents: "The classroom is peculiarly the "marketplace of ideas.' The Nation's future depends upon leaders trained through wide exposure to that robust exchange of ideas which discovers truth "out of a multitude of tongues, [rather] than through any kind of authoritative selection.'" The values underlying this concept of a marketplace of ideas were perhaps best expressed by Justice Frankfurter: "[Unwarranted inhibition of thought chills] that free play of the spirit which all teachers ought especially to cultivate and practice... . It is the special task of teachers to foster those habits of open-mindedness and critical inquiry which alone make for responsible citizens, who, in turn, make possible an enlightened and effective public opinion. Teachers must fulfill their function by precept and practice, by the very atmosphere which they generate; they must be exemplars of open-mindedness and free inquiry. They cannot carry out their noble task if the conditions for the practice of a responsible and critical mind are denied them." Inextricably tied to the freedom of students to be exposed to a robust exchange of ideas is the freedom of teachers to present these ideas. Courts have often phrased First Amendment protections for teachers in terms of such academic freedom. The Keyishian Court explained that academic freedom is "a special concern of the First Amendment, which does not tolerate laws that cast a pall of orthodoxy over the classroom." Several courts have applied this concept of academic freedom to k-12 schools. In Keefe v. Geanakos, for example, the U.S. Court of Appeals for the First Circuit recognized First Amendment protection for the academic freedom of a high-school English teacher. The board of education had suspended the teacher because he had used the word "motherfucker&q...
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- Fall '13