Norman B. Smith


This article searches for resolutions of constitutional conflicts, not only between the state as public school administrator and individual students, parents, and teachers, but also among the competing constitutional demands of the individuals whose interests are affected by the system of public education. Part II of this article addresses the public interests and values in which the educational system is rooted. Part III identifies and discusses the first amendment rights at stake in public education: freedom of expression; the right to receive communication; freedom of religion; and the protection against establishment of religion and familial childrearing rights. Part IV contains an elaboration of measures that may be taken to protect or accommodate the individual constitutional rights at stake; considers the extent to which these measures may be applicable in the contexts of school libraries, textbooks and courses of instruction, teacher's lectures and assignments, and extracurricular activities; and offers resolutions of the competing educational and constitutional claims in accordance with applicable case law.



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