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In this discussion, you will apply the philosophical legal frameworks of formalism, realism, and positivism to interpret what kinds of privacy should or should not
In this discussion, you will apply the philosophical legal frameworks of formalism, realism, and positivism to interpret what kinds of privacy should or should not receive legal protections. Below are three scenarios concerning the constitutional right of privacy. Choose one scenario and submit a post of 150-250 words, making an argument that uses legal formalism, legal realism, or legal positivism.
- Scenario 1: Carmen wants to raise and educate her children in a specific way to honor their Cuban family traditions. Specifically, she wants to homeschool her children and stick to a curriculum that teaches Spanish and Latin American history. However, her state of Florida just passed a law banning the teaching of Spanish in any school curriculum. Carmen sued the Florida Department of Education claiming she has a First Amendment constitutional right of privacy to educate her children in her home in a way she believes best suits the needs of her children. Specifically, Carmen claims the First Amendment's right of speech and association protect her right of privacy to do as she wishes in her home. In response, the Florida Department of Education argues there is no constitutional right to privacy with respect to education. They claim education is a public good and they have the authority to regulate it. Use a legal formalist, legal realist, or legal positivist position to best advocate for either Carmen or the Florida Department of Education and explain why.
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