Source: Washington Post
by Corey DeAngelis
“In 2021, Columbia University law professor Philip Hamburger argued that the U.S. public school system violates the First Amendment. ‘Education,’ he wrote, ‘consists mostly in speech, and parents have a right under the First Amendment to exercise authority over what their children hear.’ Forcing families to accept government messaging — or pay a steep price to escape it — amounts to unconstitutional pressure. A lawsuit filed in Nebraska on Aug. 13 brings that argument into court — and could open a path toward universal school choice. Justin Jacobsen and Timothy and Joanna Menter, parents in the Lincoln Public Schools district, are suing state and local officials in Lancaster County District Court. Represented by the New Civil Liberties Alliance, they are challenging Nebraska’s combination of compulsory education and public-school-only funding.” (08/25/26)