Is the Public School System Constitutional? – WSJ

Nativists found that intolerable. Beginning around 1920, they organized to force Catholic children into public education. The success of such a measure in Oregon (with Democratic votes and Ku Klux Klan leadership) prompted the Supreme Court to hold compulsory public education unconstitutional.

The case, Pierce v. Society of Sisters (1925), was brought by a religious school, not a parent. The justices therefore framed their ruling around the threat to the school s economic rights. But Pierce says that parents can educate their children outside state schools in accord with the parents moral and religious views.

Although the exact nature of this parental freedom is much disputed, it is grounded in the First Amendment. When religious parents claim the freedom, religious liberty seems an especially strong foundation. But the freedom of parents in educating their children belongs to all parents, not only the faithful. Freedom of speech more completely explains this educational liberty.

Education consists mostly in speech to and with children. Parents enjoy freedom of speech in educating their children, whether at home or through private schooling. That is the principle underlying Pierce, and it illuminates our current conundrum.

The public school system, by design, pressures parents to substitute government educational speech for their own. Public education is a benefit tied to an unconstitutional condition. Parents get subsidized education on the condition that they accept government educational speech in lieu of home or private schooling.

via www.wsj.com

Phillip Hamburger.

That darn Klan was also active in Idaho in the 1920s. My father once observed that they had burned a cross on the front yard of my mothers’ parents’ prominent Catholic family home, which my mother adamantly denied, suggesting its truth.