As I contemplate the constitutional foundations and unconstitutional prior restraint aspects of Arizona public school system journalism classes and the subject legislation—AZ SB1384—I realize that none of us are actually answering the question of how to resolve it.
The solution is to recognize the basic tenet of public school education in America as it was allowed to develop outside the purpose of representative governance in our nation. The concept of We the People establishing and maintaining a school system through our state governments—with surreptitious control by the national government beginning in 18651, and coming fully out-of-the-closet with President Carter’s creation of the cabinet-level Department of Education in the late 1970s—is not congruent with the principles upon which the United States of America are founded.
This is the underlying cause of the state in-which we find our public “education” system today. The more governments control “education,” the less it is maintained “of the people, by the people and for the people.” It is no longer administered and controlled for our individual children, but, for the special interests, and those in-power, in governments—from the local governing board, county and state levels, to the national level.
Have you ever wondered why the office of the state superintendent is called “of public instruction,” and not “of public education?” The reason is the same as I was expounding upon the other day; the purpose of the progressive movement behind the takeover of the concept of public “education” that made huge inroads beginning in the mid-1860s, was, and continues to be, to gain control of American minds and productivity through “instruction,” AKA: “indoctrination,” as opposed to “education,” or, “teaching.”
Over time, the progressive philosophers have achieved near-complete success in transforming our citizenry and our nation to an oligarchic collectivist state, in collusion with technocratic crony capitalists.
This state is what has brought us to pupil and student public school system journalists being shackled and stifled by prior restraint at the hands of their “advisers.”
The only way public-funded and controlled “education” can actually become free again is by returning the power to the parents and others who have our children’s freedom to exercise our Liberty under God as their paramount goal.
The solution to the problem is to educate the parents and others as to what is happening, and that they are the ones who can and must resolve the usurpation by public school system employees of power they do not lawfully hold.
Parents—with the assistance of other citizens—living in the jurisdiction of a public school (district, charter, reservation, or “?”), must exercise their inherent God-given right to direct their children’s education. This right is actually recognized and codified in A.R.S. 1-601 & -602. But, government has been allowed to ignore it as long as We the People are ignorant. Regardless of any judicial ruling to the contrary, parents have the right to direct their children’s education, health care and other aspects of their lives.
Therefore, the solution is for parents and other citizens to demand pupil and student right of free expression pursuant to the Constitution of Arizona, Art.2.§6, and Title 1-601 & -602:
- In behalf of high school pupils: beginning with advisers and administrators, then the local governing board, possibly county superintendents, on to the state superintendent of public instruction, then in the AZ State Supreme Court, pursuant to Article VI.§5(1), if necessary to obtain a writ against the superintendent.
- In behalf of post-secondary students: beginning with advisers and administrators, proceeding to appropriate boards and on to the superintendent of public instruction—who is the highest education official of the State of Arizona—and then to the State Supreme Court, if necessary.
This is the only constitutional solution to prior restraint of pupil and student journalists in Arizona, and these journalists would be best served by their parents and other citizens rising to defend them within the public school system.
Other than beginning an amendment to deny the right of free expression to the pupils and students, if that is what Arizonans really want to do in opposition to the First Amendment protections!—The only constitutional remedy that could be enacted by the State Legislature is one that recognized the rights already protected by the First Amendment, the State Constitution and the Arizona Revised Statutes. Such an enactment would ideally codify punishment for those advisers, public school administrators, local governing board members who vote to uphold violators, and—depending-upon how far up the food-chain the complaint travels—county superintendents, and the state superintendent of public instruction who are imposing and/or protecting journalistic prior restraint.
The bottom line is: Prior restraint of public school system journalists is already unconstitutional and unlawful; Parents must protect their children by reclaiming their power! They must demand the eradication of journalistic prior restraint from our public schools
As university student journalists, you have the platform to serve the Citizens of Arizona well by offering a thoroughly objective analysis of this crucial constitutional question in an honest and courageous work of student journalism. I know you will rise to the occasion!
Thank you for your desire to hear and present all sides of the question. I do anticipate seeing your end-product!
1. EDUCATION ACT OF 1865