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Unformatted text preview: consistent with the Court's perception of widely-shared public values: "The American people have always regarded education and acquisition of knowledge as matters of supreme importance." n21 The Court's recognition of such values, including an abiding respect for education's crucial role in our free society, emerges in many Court [*550] opinions, even some that pre-date Brown. n22 Education has historically been of utmost importance. Michael Heise; Assistant Professor of Law and Director, Program in Law and Education, Indiana University School of Law; Equal Educational Opportunity...An Empirical Perspective and Alternative Explanation Ever since the Republic's early years, especially since the mid-nineteenth century, n37 American society has recognized education's [*552] essential contribution to our political system. Thomas Jefferson, in A Bill for the More General Diffusion of Knowledge, n38 argued that a democracy works best with educated citizens and public officials. n39 Indeed, the Court does not dispute the general proposition that enjoyment of certain fundamental liberties such as speech and political participation to some degree presuppose an educated citizenry. Lack of education would be oppressive Judson Jerome, social movement scholar, Antioch College, AFTER DESCHOOLING, WHAT?, 1973, p. 105. If we simply closed down the schools, oppression would increase, as the prosperous and ambitious would accumulate more and more power and those less fortunate or those numbed by their social background would be trodden under. You can guarantee access, but little more (as we learn daily from our system of compulsory education). Education must be responsive to full exercise of the freedoms of the first amendment if it is to ensure a system of free expression, democracy, and self-government Kevin G. Welner, J.D., UCLA LAW REVIEW, April 2003, p. 972-974
Alexander Meiklejohn viewed the First Amendment as the linchpin of a system of free expression, democracy, and selfgovernment. This First Amendment model is premised on the importance to a democracy of a free and informed people. From this perspective, "the society that can utilize institutional power to reduce an indiv...
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This document was uploaded on 11/20/2013.
- Fall '13