construing ballot pamphlet to Cal. Const., art. IX, § 14 to indicate that "the provision would enable the Legislature to relieve itself of the necessity of granting specific authorization for every activity carried out by local school districts"
How later courts described this case
- construing ballot pamphlet to Cal. Const., art. IX, § 14 to indicate that "the provision would enable the Legislature to relieve itself of the necessity of granting specific authorization for every activity carried out by local school districts"
- imposition of fees for educational activities, including extracurricular activities, offered by a public high school violated state constitutional guarantee of "'common schools by which a free school shall be kept up and supported in each district.' "
- noting “financial hardship is no defense to a violation of the free school guarantee”
Written by the judges who cited it.
The opinion
MOSK, J.
I concur in the judgment and in most of the analysis of the majority opinion. However, there are certain limitations implicit in the rationale to which I cannot wholly subscribe.
Despite the sugar-coating of inspirational quotations from Jefferson, Emerson, John Swett, Thaddeus Stevens and Horace Mann, the repeated emphasis of the majority opinion is on pragmatism, i.e., the demonstrable benefit that education produces for the body politic and “for active involvement in political affairs” (maj. opn. at p. 907). The majority declare, “Education stimulates interest in the political process and provides the intellec *918 tual and practical tools necessary for political action” (ibid.) and influences “political participation and awareness” (ibid.). It makes possible “‘an enlightened and effective public opinion’” (maj. opn. at p. 908). It enables one “to evaluate independently the pronouncements of pundits and political leaders” (ibid.). It prepares individuals to participate in labor unions and business enterprises (ibid.). It is the bright hope of the “poor and oppressed” to participate in economic life (maj. opn. at p. 908). It brings “together members of different racial and cultural groups” (ibid.). It is a “ ‘unifying social force’ ” (maj. opn. at p. 908) and develops “skills useful in political activity” (maj. opn. at p. 908). It also has value in preparing for the exercise of “economic power” (ibid.).
The foregoing recitation of assets may be useful in preparing an economic or political balance sheet. However, in my view education is inherently beneficial to the individual, without regard to its contribution, if any, to his or society’s economic, social or political well-being. The latter is a potential tangential benefit, but not an essential ingredient in confirming the value of an education.
The framers of the California Constitution in 1849 demonstrated an appreciation of the inherent value of an education. They provided in the original article IX, section 2, that “The legislature shall encourage, by all suitable means, the promotion of intellectual . . . improvement. ”
The person who reads Homer, Shakespeare, Byron, Joyce, and Yeats, studies music, dance and drama, learns to appreciate art and architecture, or contemplates the wonders of nature and the universe, may never achieve economic, social or political advantage, or contribute tangibly to society. But his cultural attainments will produce the inner rewards and self-gratification of a well-rounded human being that in and of themselves justify public education. As Justice Story wrote: “It is one of the wise dispensations of Providence that knowledge should not only confer power, but should also confer happiness.” (Story, Miscellaneous Writings 124.)
Montaigne, in his classic essay on the Education of Children, declared that each person should “be taught to know what it is to know, and what to be ignorant; what ought to be the end and design of study; what valor, temperance and justice are; the difference between ambition and avarice, servitude and subjection, license and liberty; by what token a man may know true and solid contentment; how far death, afflication and disgrace are to be apprehended; by what secret springs we move, and the reason of our various agitations and irresolutions; for, methinks, the first doctrine with which one should season his understanding ought to be that which regulates his manners and his sense, that teaches him to know himself, and how both *919 well to die and well to live.” (Montaigne, Selected Essays (U. of Chi. Great Books ed.) p. 84.)
With the qualification of my belief that education is its own reward, without dependence upon any supplemental societal virtues, I join in the conclusion that all aspects of public education are and must remain free.