Finding a Free Speech Right to Homeschool An Emersonian Approach
Citation: 105 Geo L.J. (2016)
On May 25, 1993, the Supreme Court of Michigan decided that one family was constitutionally protected from the state’s stringent homeschooling requirements but another was not. The key difference between these families was not the quality of the education each provided—the trial records indicate that the education both families’ children received was as good as, if not better than, what had been provided by public schools. Nor was the distinguishing factor the parents’ education, the parents’ criminal records, or the children’s best interests generally.