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In the Matter of Stumbo
Volume 55, Program 24
10/14/2004
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Join Mike Smith on today's Home School Heartbeat as he explores how Home School Legal Defense Association has helped protect the freedom to homeschool.

    Mike Smith:
    This week we've been looking at the significant legal cases where HSLDA stood on principle and won. These cases are key markers as HSLDA fought to protect the fundamental freedoms of homeschool parents.

    Attacks on homeschooling don't just come from the education establishment. They can also come from social services, who regularly attempt to enter the home and interrogate children—even if the only accusation against the family comes from an anonymous source. HSLDA defends member families when the state attempts to enter their homes without warrants. A court will only issue a warrant if there is probable cause. Anonymous tips do not meet the test of probable cause.

    HSLDA's recent victory in this area came in 2003 with the 4-3 decision by the North Carolina Supreme Court in the Stumbo case. The Stumbos were prosecuted in 1995 when their two-year-old was spotted naked on their front lawn. A social worker investigated after receiving an anonymous tip, but the Stumbos stood on their Fourth Amendment rights and refused entry. The 4-3 decision established that the state did not have sufficient evidence to pursue the Stumbos and the case was dismissed.

    Listeners, join us next time as we continue our discussion of the key cases which have shaped homeschooling. And until then, I'm Mike Smith.

To find out more about the legal history of homeschooling in America, visit our website at homeschoolheartbeat.com. That's homeschoolheartbeat.com. Or call toll-free, 1-866-338-8614. That's 866-338-8614. If you'd like to receive Home School Heartbeat's daily email transcript, visit our website at homeschoolheartbeat.com.


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The Legal History of Homeschooling in the United States

by
Home School Legal Defense Association

Find your place in history with HSLDA’s free information sheet. It highlights significant cases and legislation in the revival of American homeschooling.

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