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Legal Commentary
: Althouse"The fundamental theory of liberty... excludes any general power of the State to standardize its children by forcing them to accept instruction from public teachers only."
Pierce v. Society of Sisters (1923).
That's a quote that always jumps out at my when I start into the right of privacy materials in Constitutional Law II, which is what I'm doing this afternoon. The state of Oregon required parents to send their children to public school, and the Supreme Court said they had a substantive due process right to pick private school.
Full post as published by Althouse on February 28, 2011 (boomark / email).
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