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Lawsuit: It’s Unconstitutional That Education Is ‘Free,’ But Only At Government Indoctrination Mills

The government cannot create the conditions that coerce people into surrendering enumerated rights like those in the First Amendment.

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Two Lincoln, Nebraska, families are suing multiple state and local government entities over their viewpoint monopoly on a free education, arguing families are only afforded educational benefits if they agree that their children be exclusively subjected to the government’s opinions and curriculum.

The lawsuit, obtained by The Federalist, argues on First Amendment grounds that parents in Nebraska seeking alternatives to government schools are blocked from the benefits of a free education, because choosing an alternative forces families to foot the bill entirely.

The New Civil Liberties Alliance (NCLA), which is representing the two families, said, “Nebraska ranks among the worst states in the nation for parental choice.” There are no tax credits, scholarships, education savings accounts, or the like that many states have adopted to allow attainable alternatives to public schools for families.

“The unconstitutional conditions doctrine exists to stop the government from doing indirectly what it cannot do directly,” NCLA counsel Christian Clase said. “Nebraska cannot ban parents from teaching their own children their own values—so instead it penalizes them for exercising that recognized right. But the Constitution does not tolerate that abridgement of parents’ free speech rights.”

In Nebraska, it is a Class III misdemeanor for parents not to enroll their children in some form of school, whether that is public, private, denominational, parochial, or homeschooling. If a parent does not, they could face up to three months in jail and a $500 fine.

While it is the law to educate one’s children, only a public school education will afford parents the benefits that come with a free........

© The Federalist