points of agreement

[Michael McConnell]

In answer to Frances Paterson:

(1) Bob Jones was not a higher education case. Though the case name
refers to the University, which is the corporate entity, the case
involved a secondary school run by the university. The reason the
case is beside the point is that it had nothing to do with
curriculum.

(2) Yes, states regulate the curriculum of private schools, according
to subject matter (usually in a very general way). At a certain
point, even that could probably raise constitutional issues, but
generally speaking it does not. To my knowledge, states do not
purport to regulate the viewpoint from which these subjects must be
taught, and Rick Duncan's interesting question is whether such
regulation would be absolutely barred.

For example, I can imagine that a state might require that private
schools acquaint their students with the content of Darwinian
evolutionary theory, but could they require that teh schools teach
that it is true? For another example, states frequently require
instruction in American civics and history, but could they require
that private schools use the same textbooks that are used in public
schools?
-- Michael McConnell (U of Utah)