Con law questions

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tiffannybrown

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Con law questions

Postby tiffannybrown » Fri Jul 13, 2018 9:03 pm

Is there a fundamental right to Education? This seems like a rather dumb question, but I assumed there was- but my barbri materials say there is not, that education laws will be given rational basis tests, but then I got this answer explanation to an MBE question in Emmanual's guide:

"The Supreme Court has long held that a parent has a fundamental liberty interest in controlling his or her child's education"

Does this just mean that the parent's right to control their children's education is the fundamental right- but not education itself?

Also what is the standard for regulating commercial speech under the first amendment? I keep on reading conflicting things.

Is speech under the first amendment just very annoying- and you basically have to remember a different version of modified scrutiny for each, or was my barbri professor just unclear?

For commecial speech is have- regulation must be narrolowly tailored but it does not need to be the least restrictve means
Symbolic speech- important interest unrealted to suppression of teh message and if the impact on communication is no greater than necessary to achieve the government purpose.

I feel like maybe im missing something.

Thanks for any help

Underoath

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Re: Con law questions

Postby Underoath » Fri Jul 13, 2018 9:18 pm

It's the right to controlling their education that is the protected fundamental interest.

MBE Question I got was: State made parents enroll their children in PUBLIC schools instead of private. That was held unconstitutional because it couldn't pass SS level of review.

Correct me if I'm wrong someone...

nixy

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Re: Con law questions

Postby nixy » Fri Jul 13, 2018 9:43 pm

Underoath wrote:It's the right to controlling their education that is the protected fundamental interest.

MBE Question I got was: State made parents enroll their children in PUBLIC schools instead of private. That was held unconstitutional because it couldn't pass SS level of review.

Correct me if I'm wrong someone...

No, that's right. There isn't a fundamental right to education (under the federal constitution - state constitutions vary on what they say about it). There *is* a fundamental right to educate your kids according to the belief system you agree with. So while states can require kids to get a certain level of education, they can't require it to be in state schools - it can be private or homeschool instead.

tiffannybrown

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Re: Con law questions

Postby tiffannybrown » Fri Jul 13, 2018 9:54 pm

Thanks guys

estefanchanning

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Re: Con law questions

Postby estefanchanning » Fri Jul 13, 2018 10:15 pm

nixy wrote:
Underoath wrote:It's the right to controlling their education that is the protected fundamental interest.

MBE Question I got was: State made parents enroll their children in PUBLIC schools instead of private. That was held unconstitutional because it couldn't pass SS level of review.

Correct me if I'm wrong someone...

No, that's right. There isn't a fundamental right to education (under the federal constitution - state constitutions vary on what they say about it). There *is* a fundamental right to educate your kids according to the belief system you agree with. So while states can require kids to get a certain level of education, they can't require it to be in state schools - it can be private or homeschool instead.


That's too narrow. The FR is not "parent's right to educate kids according to belief." The FR is "parents have the right to make decision re: their children's care and custody." Choosing how to educate your child falls under that umbrella, as does choosing your child's visitation rights, or even choosing what extracurricular activities your child engages in after school.

The way you stated make it seem that the right to homeschool your child is fundamental because it's tied to free exercise of religion; it is not.

estefanchanning

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Joined: Sat Mar 19, 2016 12:22 pm

Re: Con law questions

Postby estefanchanning » Fri Jul 13, 2018 10:23 pm

tiffannybrown wrote:Is there a fundamental right to Education? This seems like a rather dumb question, but I assumed there was- but my barbri materials say there is not, that education laws will be given rational basis tests, but then I got this answer explanation to an MBE question in Emmanual's guide:

"The Supreme Court has long held that a parent has a fundamental liberty interest in controlling his or her child's education"

Does this just mean that the parent's right to control their children's education is the fundamental right- but not education itself?

Also what is the standard for regulating commercial speech under the first amendment? I keep on reading conflicting things.

Is speech under the first amendment just very annoying- and you basically have to remember a different version of modified scrutiny for each, or was my barbri professor just unclear?

For commecial speech is have- regulation must be narrolowly tailored but it does not need to be the least restrictve means
Symbolic speech- important interest unrealted to suppression of teh message and if the impact on communication is no greater than necessary to achieve the government purpose.

I feel like maybe im missing something.

Thanks for any help


There are two different types of commercial speech:

1) Fraudulent/misleading commercial speech: This type is not protected by 1A. Notwithstanding, a law banning such speech can't be vague or overbroad.

2) All other commercial speech: Law must be narrowly tailored to directly advance substantial gov interest. Law doesn't have to be the least restrictive means of achieving the gov's interests, but it can't burden more speech than necessary (i.e., it must leave open alternate channels of communication). Note that this standard ("...directly advance substantial gov interest") is a tiny bit different than the usual intermediate scrutiny applied ("...serve important gov interest")

nixy

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Re: Con law questions

Postby nixy » Sat Jul 14, 2018 8:23 am

estefanchanning wrote:
nixy wrote:
Underoath wrote:It's the right to controlling their education that is the protected fundamental interest.

MBE Question I got was: State made parents enroll their children in PUBLIC schools instead of private. That was held unconstitutional because it couldn't pass SS level of review.

Correct me if I'm wrong someone...

No, that's right. There isn't a fundamental right to education (under the federal constitution - state constitutions vary on what they say about it). There *is* a fundamental right to educate your kids according to the belief system you agree with. So while states can require kids to get a certain level of education, they can't require it to be in state schools - it can be private or homeschool instead.


That's too narrow. The FR is not "parent's right to educate kids according to belief." The FR is "parents have the right to make decision re: their children's care and custody." Choosing how to educate your child falls under that umbrella, as does choosing your child's visitation rights, or even choosing what extracurricular activities your child engages in after school.

The way you stated make it seem that the right to homeschool your child is fundamental because it's tied to free exercise of religion; it is not.

Sorry - I didn’t mean “belief” as religion; I just meant “as you see fit.”



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