Compulsory Curriculum Standards And The First Amendment
I’ve been having a very interesting exchange with a noted First Amendment scholar about the degree to which the amendment does or does not bar the state from requiring children to be taught things. The question boils down to this: may the state require that children be taught certain substantive things (evolution/sex-ed/disputed historical events—what have you) in private schools? Or does the Constitution put limits on the state’s power to do so?
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44 Comments
Jedidiah Palosaari · 28 April 2008
I think you missed a point in your article. The government does give approval to use drugs based on religion- it just does this on a case-by-case basis. You can't invent a religion to gain the right to smoke marijuana, but you can smoke peyote if you're part of certain Native American religious groups.
Timothy Sandefur · 28 April 2008
Yes, I guess I should add that I'm only talking about whether the Constitution provides exemptions from neutral, generally-applicable laws, which Smith pretty clearly shoots down. That is not the same thing as whether the legislature is allowed to create such exemptions by statute, as a matter of legislative grace. It may do so (within constitutional boundaries, the most relevant of which is the Establishment Clause). So while the First Amendment doesn't give you an excuse for not following a law (unless the law, though facially neutral, is actually aimed at hurting your exercise of religion), the legislature can give you such an excuse, so long as it doesn't go too far and violate some other provision of the Constitution.
Mike Elzinga · 28 April 2008
From a simply pragmatic perspective, it eventually comes down to how many parasitic free-loaders and “nest-foulers” a society can support.
If the society’s footprint on the environment is small and everyone has plenty, and the behaviors and actions of any individual have no impact on any other individual, then presumably anyone could do whatever he/she wished as long as it didn’t affect anyone else.
However, in the real world in which we live, every individual has considerable interdependence with others (including other species) whether or not he/she cares to acknowledge it. In a democratic society, that means every individual has responsibilities for common knowledge on which the society depends for its survival and its interactions with other societies.
That would seem to mean that the institutions of governance in that society have the responsibility and the right to insist that vital common knowledge and information is propagated and updated among all citizens who derive benefits and protection in belonging to that society. These institutions can also insist that all benefiting citizens be required to receive this knowledge. The institutions of governance also have the responsibility and right to fund and update knowledge, using taxation if necessary.
So what kinds of knowledge should be required?
I don’t think it is hard to figure out that the best science we have should be part of that requirement. Matters of communication, health, history, sociology, culture, and anything that enhances the individual’s understanding of the society and its interrelationships with the environment and other societies are also necessary.
Myths, misinformation, pseudo-science, superstition, bizarre fantasies, game-show trivia, sectarian religion, and all other non-secular “knowledge” are luxuries that could be indulged in provided they do no harm to the society. But they are not promoted by the governance of that society. And the moment such luxuries become a burden to or interfere with others in the society, then society can step in and regulate or halt such practices. Of course, crime and other forms of exploitation should be prohibited.
It isn’t hard to understand the basics when considering how everyone on, say, a submarine or spaceship must conduct himself and what knowledge he must have besides his own specialty. Such a vessel is a closed environment with limited resources and dependent on the actions of every individual for its successful deployment and survival.
But planet Earth is no different. Require the teaching of biology and evolution. Much depends on it.
Bobby · 29 April 2008
It seems that you are saying 'religion' interferes with society and should be halted?
Thats seems extreme to me.
Torbjörn Larsson, OM · 29 April 2008
If we leave the discussion on the current constitution, I find myself disagreeing with Mike on two points:
1) Freeloading.
Freeloaders are a bother on some societies, fine. But I don't think "push" mechanisms are as effective as "pull". They happen to be easier to erect as political Potemkin sets, especially as they appeal to conservatives. And at times they will also be easier to actually get results from.
What I would like to see is that parents and children wish for "best practices". (Psychopathic freeloaders will not respond either way, and may even be beneficial for societies. A few of us needs to be persistent ruthless executives - or so my bosses have persisted in telling me.)
2) Education.
You can argue with Dawkins whether some forms of indoctrination are akin to torture, or how much freedom you will disallow minor citizens due to age and/or lack of maturity. But I do think that it should be considered immoral to a larger degree than today to withhold science and foist pseudo- or antiscience, myths, et cetera on children.
This is a case were (adult) freedom seems to me to be a misplaced concern. Not that dropping the practices of local school boards would necessarily be a good thing either.
Torbjörn Larsson, OM · 29 April 2008
Corrections:
Too many freeloaders is a bother; "a case w[h]ere".
Philip Bruce Heywood · 29 April 2008
What other areas of science, other than biologic origins, is subject to litigation? And if no other area of science education is fought over in courts, why this one? Surely, the goal should be to come up with something non-inflammatory to John Citizen. Litigation robs you blind, anyway. You can be sued for taking someone else's child by the hand.
David Stanton · 29 April 2008
PBH wrote:
"What other areas of science, other than biologic origins, is subject to litigation? And if no other area of science education is fought over in courts, why this one? Surely, the goal should be to come up with something non-inflammatory to John Citizen. Litigation robs you blind, anyway. You can be sued for taking someone else’s child by the hand."
Actually, Tim gave two other examples right at the beginning of this thread. So no, evolution isn't the only issue that is subject to litigation. Potentially, anyone can be offended by any truth at any time.
Why is the teaching of evolution in education such a contentious issue? Because some fundamentalists have choosen to interpret certain biblical passages in a certain way and now they can't seem to find a graceful way to admit that they were wrong. It will take a while, just like it took a while to admit that the earth was not flat.
The goal here is not to avoid ever offending anyone, that is inherently impossible. The goal is to present science as currently understood to the best of our ability. After that, if people don't like it, they can fight it in the courts or not send their children to public schools.
Education is not simply pandering to one's preconceived notions. Education should involve a certain amount of enlightment and even discomfort. If one is not willing to examine one's most deeply held beliefs, then one can never be truly educated. Public schools should provide the opportunity for such an education. If someone is too close-minded to want such an education, then one should certainly have the right to ignorance. They just don't have the right to demand it for others. In the immortal words of Lisa Simpson: "Don't let the butt-heads win."
Robin · 29 April 2008
Charlemagne · 29 April 2008
Bill Gascoyne · 29 April 2008
Richard Dawkins, "Open Letter to a victim of Ben Stein's lying propaganda" In short, Mr. Charl
atanemagne, "is" ain't "ought".Timothy Sandefur · 29 April 2008
Charlemagne has got to be a parody. This is just too much. What, Christianity doesn't lead to the sexual exploitation of little girls? Just how much did Warren Jeffs rely on "evolutionism" when he decided to help rape little girls? And the idea that "evolutionism," whatever that means, somehow teaches that "nothing is right or wrong," is simply too ignorant for words.
Bill Gascoyne · 29 April 2008
ScottsmanChristianity...Mike Elzinga · 29 April 2008
Flint · 29 April 2008
Mike Elzinga · 29 April 2008
Mike Elzinga · 29 April 2008
Charlemagne · 29 April 2008
Stanton · 29 April 2008
Would it be too much to ask the Administrators to banish Charlemagne to the Bathroom Wall? He's become boring what with his constant holier-than-thou stupidity and holy-roller bigotry.
Bill Gascoyne · 29 April 2008
Oh, that explains it. I must be wrong. I see the error of my ways. Praise Jeezus!!
</sarcasm>
Stanton · 29 April 2008
Ichthyic · 29 April 2008
Bill Gascoyne · 29 April 2008
Charlemagne · 29 April 2008
Charlemagne · 29 April 2008
Stanton · 29 April 2008
Stanton · 29 April 2008
Philip Bruce Heywood · 29 April 2008
Charlemagne: I learned geology under some world respected people, all of whom accepted an unrolling of life, and some of whom were convinced that Darwin was correct. Fortunately, they weren't 'religiously convinced' evolutionists, if you know what I mean. They divorced Darwin from their personal lives. I think I can glimpse where you are coming from, if indeed you have encountered 'religiously motivated' evolutionists. Man, if you read the Bible, it says that mankind's one and only problem, and christianity's one and only threat, is in that 3-letter word. S-I-N. I must say, I had as much problem with S-I-N, when I accepted Darwin's Theory, as when I revised Darwin's Theory. That's fundamental truth.
Until the "Evolanders", if that's not a disparaging label, revise technical theories for themselves, they'll go on being masochists, and finish up in law courts. Surveys show that perhaps no more than 10% of Western People fully endorse either extreme in this contest. Which suggests that the man in the street understands more about the reality and progress of science, than do many science people.
Charlemagne · 29 April 2008
Stanton · 29 April 2008
Stanton · 29 April 2008
Mike Elzinga · 29 April 2008
David Stanton · 29 April 2008
Charlemagne wrote:
"The framers of the Constitution were, like the neoconservatives today, sham Christians ..."
So, I guess you won't be making the argument that this is a Christian nation because of the beliefs of the founding fathers, like so many have claimed before you.
dhogaza · 29 April 2008
Jordan · 29 April 2008
EVERYONE BE SURE TO TUNE IN TO CFRA.COM RIGHT NOW! Mark Mathis is on the air, and the lines are open if you want to speak with him live over the radio. Call toll free: 1-800-580-CFRA (2372).
(Sorry this is off-topic, but I don't know how else to get the word out to the PT community.)
Mike Elzinga · 29 April 2008
Philip Bruce Heywood · 30 April 2008
Timothy S., I'm not a 'permanent' around here, and am not really qualified to advize, but I do take the liberty of suggesting you remove Charlemagne from these pages. You can remove me as well: that has happened before today; it concerns me not, and fulfills the wishes of broad-minded scientists and freedom lovers such as Mr. Stanton. But I do note that a science-minded person who makes sense is far more dangerous to some people than is our other friend - whoever he may be, or wherever he comes from.
Perhaps Jordan is right on topic, there. Good one.
Torbjörn Larsson, OM · 30 April 2008
Torbjörn Larsson, OM · 30 April 2008
Torbjörn Larsson, OM · 30 April 2008
Rolf · 30 April 2008
Frank J · 30 April 2008
Stanton · 30 April 2008
Timothy Sandefur · 30 April 2008
Charlemagne is just too good to be true.