PLYMOUTH, Mass. (CSU) — As a result of its legal struggle with the state of California, an Amador County trade school has won a key First Amendment dispute, and new rules will take effect on January 1.
Thousands of students have learned how to become professional farriers at the Pacific Coast Horseshoeing School in Plymouth during the past 30 years.
However, state officials in California informed owner Bob Smith some years ago that the school was facing fines and possible closure for breaching a rule requiring trade school students to obtain a high school diploma, a GED, or pass an ability test.
“It has nothing to do with what my guys do – shoe horses,” Bob explained.
He claims that some of his students never completed their studies for a number of reasons.
“Eighty-five percent of foster children drop out of high school, and they can’t be taught in horseshoeing welding or massage treatment,” he explained.
So Bob fought back, claiming that he has a constitutional right under the First Amendment to teach all kids, and the Ninth Circuit Court of Appeals agreed earlier this year, pushing lawmakers to abolish the regulations.
“I believe it’s fantastic because it was created for my school, but it now affects almost every trade school in California,” Bob remarked.
So, why were the requirements put in place in the first place? John Myers, a law professor at UC Hastings, believes the rules were well-intentioned.
“The intended objective of this state statute was to directly respond to these fly-by-night so-called educational institutions that were taking children’s money and then not delivering the kinds of programs that would offer these children a future,” Myers explained.
However, he claims that the Constitution safeguards teachers and pupils. “Vocational education is protected speech under the First Amendment,” he stated. Bob is now ready to welcome anyone who wants to start a new career.
“It’s unjust for the government to say you don’t have a chance to invest in your own life,” Bob added. Bob believes his next struggle will be against policies that compel foreign students from English-speaking nations, such as Canada, to take an English competency exam.
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