school choice; first amendment; Espinoza
Based on current conditions, and for a variety of reasons, the best guess—and it is only a guess—is that common schooling might be forced to give way before a rigorously read First Amendment duty of the state to avoid preferring irreligion over religion. This need not signal the end of the Progressive educational vision, however. It will be possible for those committed to the values inherent in common schooling to regroup, reconsidering some of their positions in order to advance their core commitments.
"Visions of the Republic Symposium: School Funding Under the Neutrality Principle: Notes on a Post-Espinoza Future,"
Fordham Law Review Online: Vol. 88
, Article 17.
Available at: https://ir.lawnet.fordham.edu/flro/vol88/iss1/17