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92 U. Cin. L. Rev. 1 (2023-2024)

handle is hein.journals/ucinlr92 and id is 1 raw text is: SCHOOL MATTERS Ronna Greff Schneider* I. INTRODUCTION To survive and prosper, every democratic government needs a strong education system. The government must create an educated citizenry who through the voting process helps the government not only make good decisions but criticize its bad decisions. To do so requires a free exchange of ideas. The United States government depends on schools to teach literacy, encourage socialization, convey societal values, explain the nature and rules of the political system and its laws, and instill a sense of patriotism. Achieving most of these goals requires teaching the nation's history, which in today's divided world is often a complicated endeavor. Justice Breyer recognized this critical role of education in Mahanoy Area School District v. B.L.,1 in which he stated that: America's public schools are the nurseries of democracy. Our representative democracy only works if we protect the marketplace of ideas. This free exchange facilitates an informed public opinion, which, when transmitted to lawmakers, helps produce laws that reflect the People's will. That protection must include the protection of unpopular ideas, for popular ideas have less need for protection.2 Many controversies and problems in the education arena involve constitutional law issues. Most recently, major constitutional issues like those involving speech, religion, racial discrimination, and sex discrimination, have arisen in the education context. In all of these areas except sex discrimination, the Supreme Court has issued at least one major decision in the last several years directly involving education. Although there have not been recent Supreme Court decisions directly involving sex discrimination in education, a significant number of lower courts have ruled and will likely continue to rule on the issue. These cases typically involve constitutional (equal protection and due process), statutory (usually Title IX of the Education Amendments of 1972), or administrative provisions addressing what many consider to be socially and politically divisive topics. All of the Supreme Court's most recent decisions directly involving * Professor Emerita of Law, University of Cincinnati College of Law. J.D., cum laude, Boston College, 1976; B.A., Degree with High Distinction in Russian Studies, University of Michigan, 1972. 1. 141 S. Ct. 2038, 2046 (2021). 2. Id.; see also Keyishian v. Bd. of Regents, 385 U.S. 589, 602-03 (1967) (Teachers and students must always remain free to inquire, to study and to evaluate, to gain new maturity and understanding; otherwise our civilization will stagnate and die.) (collecting Supreme Court cases). 1

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