1. Ch. 7 - Parents, Government, and Children - Authority Over Education in the Liberal Democratic State - Galston

I. INTRODUCTION

  • Discussion of educational choices for children within a liberal democratic context.

  • Author's personal decision to send son to a Jewish day school for heritage education and moral community.

  • Key assumptions:

    • Government's right to require and regulate education.

    • Parents' principal responsibility to ensure education.

    • Parents have the freedom of choice in educational options.

  • Historical context of these assumptions, which were once contested but now widely accepted.

II. EDUCATION IN U.S. HISTORY

  • Historical change in attitudes towards compulsory education from the 19th century to the 20th.

  • John Stuart Mill considered state compulsion of education a moral duty but noted opposition.

  • By 1900, 32 states had compulsory education laws; universal by 1918.

  • Arguments in favor of public education included:

    • Limited perfectionism: necessary for intellectual/moral development.

    • Social obligations: maintaining economic independence and duties to family.

    • Public goods: promoting civic beliefs, national unity, and economic growth.

Supreme Court Cases Defining Educational Policy

  • Meyer v. Nebraska (1923): Struck down prohibition against teaching in modern languages; affirmed parental rights in educational context.

  • Pierce v. Society of Sisters (1925): Invalidated Oregon's law requiring public school attendance, reinforcing parental authority.

  • Farrington v. Tokushige (1927): Overturned strict regulation of foreign-language schools in Hawaii, upholding parental rights.

  • Conclusion from these cases:

    • Division of authority between parents and the state.

    • State cannot impose undue restrictions on nonpublic educational institutions.

    • Need for balance between civic education and individual freedoms.

III. FROM HISTORY TO THEORY

  • Mill’s view on parental responsibility to educate children, emphasizing societal obligations.

  • State's interest in ensuring basic education for societal benefit.

  • Distinction between state control of education and parental choice necessary for diversity and individuality.

  • Importance of educational diversity for accommodating different human types and fostering individuality.

IV. PARENTAL AUTHORITY AND EXPRESSIVE LIBERTY

  • Expressive liberty defined as the ability to live according to one’s deeply held beliefs.

  • Parenting is a central task that shapes children’s values and identity.

  • State’s role in regulating parental authority is limited; must ensure a protected space for parental discretion.

  • Concerns about 'educational abuse' and overreach by the state in dictating educational content.

V. EXPRESSIVE LIBERTY AND PARENTAL INTERESTS

  • Parental expressive liberty: fundamental for parents to raise children in accordance with their values.

  • Balance between parental authority and children's rights as they mature.

  • Historical context illustrated through Wisconsin v. Yoder case, which recognized parental rights while considering children's liberty claims.

Challenges to Parental Authority

  • Parents must not override children’s futures through oppressive doctrines.

  • The state must respect boundaries of parental authority unless fundamental rights are violated.

VI. PARENTAL AUTHORITY, EXPRESSIVE LIBERTY, AND PUBLIC EDUCATION

  • Current prevalence of public schooling in the U.S. remains significant.

  • Emphasis on the moral and theoretical foundations supporting parental choice without undermining public education.

  • Need for respect for diverse family backgrounds and moral views in educational settings.

  • Importance of genuine civic unity based on uncoerced consent rather than imposed conformity.