Regardless of their contention that literacy is «uniquely significant to American civil
life» because of its role
in a «well -
functioning democracy,» the Rodriguez court held that «the key to discovering whether education is «fundamental» is not to be found
in comparisons of the relative societal significance of education»; the question is «whether there is a right to education explicitly or implicitly guaranteed by the Constitution.»
Support for
live - blogging courtroom proceedings and discrediting class distinctions drawn
in this regard also stems from a promotion of the model of discursive
democracy outlined above
in Part I. Drawing on the work of theorists including Lon Fuller, recall that the Supreme Court of Canada and legal scholars such as Jeremy Waldron held that the fair
functioning of the liberal democratic order required civilian access to information and the attendant opportunity to deliberate upon that information critically.