Kramer Levin Files Amicus Brief on Behalf of PEN America in Sixth Circuit

On Nov. 26, 2018, Kramer Levin filed an amicus curiae brief in the Sixth Circuit on behalf of our client PEN America in a case addressing whether there is a constitutional right of access to literacy. PEN America is a non-profit association of approximately 7,000 writers, including novelists, journalists, editors, poets, essayists, playwrights, publishers, translators, agents and other professionals. Its many prominent current and former members include Jennifer Egan, Robert Caro, James Baldwin, Arthur Miller, Toni Morrison and John Steinbeck. 

Plaintiffs in the case are children attending Detroit schools where the proficiency rates are near zero in most subjects. Many students in those schools cannot read, write, or comprehend at anything close to their grade level. Their schools lack appropriate textbooks, instructional materials and classroom resources. They suffer from overcrowding. They have unsanitary and dangerous conditions, including extreme temperatures and vermin.

Our brief argues that plaintiffs present a particularly compelling and heart-breaking claim for the right to literacy that should not be necessary in our affluent society. We explain that the awful conditions in Detroit public schools violate these children’s constitutional rights, and that this is an unacceptable and immoral tragedy not only for them, but for all of us. It undermines the essential fabric of our society and democracy, which are grounded on the promise that everyone should have an opportunity to achieve her or his potential, and require educated, engaged and informed citizens. The brief highlights the importance of literacy in our society, and discusses recent reports by PEN America addressing the consequences of a lack of access to literature and a lack of media literacy. The brief argues that Supreme Court precedent, including the Supreme Court’s holding in Obergefell that the fundamental right to marry is guaranteed to same-sex couples, compels the conclusion that access to literacy – the most basic component of education – is a fundamental right because, like marriage, it is inherent in the concept of individual autonomy, draws meaning from related constitutional rights, and is a keystone of the Nation’s social order. The brief also argues that heightened scrutiny is warranted where state actions wholly deprive children of an education.

The case is Gary B. et al. v. Richard Snyder et al., Case No. 18-1855.

Read the brief here.