Education · Statewide · NE · August 25, 2026

Opinion Piece Revives Claim That Public Schools Violate Parental Rights

Opinion Piece Revives Claim That Public Schools Violate Parental Rights
Status: MediumSeverity: 1 - Worth Knowing

The Washington Post published an opinion column by Corey DeAngelis, a research fellow at the Heritage Foundation, reviving a 2021 argument by Columbia University law professor Philip Hamburger that the U.S. public school system may violate the First Amendment. Hamburger's original argument, made in the Wall Street Journal, held that because 'education consists mostly in speech,' parents have a First Amendment right to control what their children are taught, and that compelling families to accept government-run schooling — or pay heavily to opt out — amounts to unconstitutional government pressure. The Post's headline references a pending Nebraska court case that may address this constitutional question, but the article text provided does not identify the specific case, parties, court, or current procedural stage. What is confirmed is that the underlying legal theory is being publicly revisited in a national opinion outlet; details of the Nebraska litigation itself remain unestablished from this source.

Source: The Washington Post

Why Bible-Believing Christians Should Care

Bible-believing Christians have long argued that education is fundamentally a parental responsibility delegated by God, not a function owned by the state. Scripture instructs parents, not government institutions, to diligently teach children truth. A legal theory challenging public schooling's constitutional footing — if it gains traction in court — could strengthen arguments for school choice, homeschooling protections, and Christian education as legitimate alternatives rather than exceptions requiring special justification. Christians should watch this case carefully, understanding both its potential to expand educational freedom and the likelihood that secular courts may ultimately reject or narrow the argument. This is a developing legal question, not a settled ruling.

And these words, which I command thee this day, shall be in thine heart: And thou shalt teach them diligently unto thy children — Deuteronomy 6:6-7

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From the book

The appeal to authority. The most potent weapon against parents is Rule 3. Educators reframe moral and cultural questions as technical or medical ones. A dispute over explicit material becomes a matter of library science. A dispute over gender identity becomes a matter of mental health best practice. The activist tells the parent he is not an educator, using the appeal to authority to sever the parent's confidence in his own judgment.

— Chapter 19, “Capture in K-12”

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