•  
  •  
 

Authors

Norman B. Smith

Abstract

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.

COinS
 
 

To view the content in your browser, please download Adobe Reader or, alternately,
you may Download the file to your hard drive.

NOTE: The latest versions of Adobe Reader do not support viewing PDF files within Firefox on Mac OS and if you are using a modern (Intel) Mac, there is no official plugin for viewing PDF files within the browser window.