When Oregon passed a compulsory public education law in 1922, a group of religious sisters objected to the proscription of private educational institutions, taking their case all the way to the Supreme Court.
How much authority do states have to mandate public education? Prof. Richard W. Garnett of Notre Dame Law School discusses substantive due process and parental rights in Pierce v. Society of Sisters.
Featuring:
- Richard W. Garnett, Paul J. Schierl/Fort Howard Corporation Professor of Law, Concurrent Professor of Political Science, Director, Program on Church, State & Society
Learn more about Richard W. Garnett:https://law.nd.edu/directory/richard-...
The First Amendment Encyclopedia: “Pierce v. Society of Sisters” https://www.mtsu.edu/first-amendment/...
Oregon Encyclopedia: “Pierce v. Society of Sisters” https://www.oregonencyclopedia.org/ar...
Constitutional Commentary: “The Little Red Schoolhouse: Pierce, State Monopoly of Education and the Politics of Intolerance” https://scholarship.law.umn.edu/cgi/v...
Regent University Law Review: “Defending the Parental Right to Direct Education” https://www.regent.edu/acad/schlaw/st...
Vanderbilt Law Review: “The Paradox of Family Privacy” https://scholarship.law.vanderbilt.ed...
Washington and Lee Law Review: “Parental Rights: Educational Alternatives and Curriculum Control” https://scholarlycommons.law.wlu.edu/...
Akron Law Review: “The Contemporary Significance of Meyer and Pierce for Parental Rights Issues Involving Education” https://ideaexchange.uakron.edu/cgi/v...
West Virginia Law Review: “The Supreme Court, Compulsory Education, and the First Amendment's Religion Clauses” https://chicagounbound.uchicago.edu/c...
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As always, the Federalist Society takes no position on particular legal or public policy issues; all expressions of opinion are those of the speaker.
