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Meyer v. Nebraska

 

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Meyer v. Nebraska



 
 
Meyer v. Nebraska, 262 U.S. 390
Case citation

Case citation is the system used in many countries to identify the decisions in past court cases, either in special series of books called Reporter s or law reports, or in a 'neutral' form which will identify a decision wherever it was reported....
 (1923), was a U.S. Supreme Court
Supreme Court of the United States

The Supreme Court of the United States is the highest judicial body in the United States, and leads the federal United States federal courts. It consists of the Chief Justice of the United States and eight Associate Justice of the Supreme Court of the United States, who are nominated by the President of the United States and confirmed with th...
 case which held that a 1919 Nebraska
Nebraska

Nebraska is a U.S. state located on the Great Plains of the Midwestern United States and Western United States.Nebraska probably gets its name from the archaic Chiwere language words ?? Br?sge or the Omaha-Ponca language N? Bth?ska meaning "flat water," after the Platte River that flows through the state....
 law prohibiting the teaching of foreign languages to school children before high school unconstitutionally violated the Due Process
Due process

Due process is the principle that the government must respect all of the legal rights that are owed to a person according to the law of the land, instead of respecting merely some or most of those legal rights....
 clause of the Fourteenth Amendment
Fourteenth Amendment to the United States Constitution

The Fourteenth Amendment to the United States Constitution is one of the post-American Civil War Reconstruction Amendments that was first intended to secure the rights of former Slavery in the United States....
.

rt T. Meyer, the Plaintiff, was tried and convicted in the district court for Hamilton county, Nebraska, under allegations which charged that on May 25, 1920, while an instructor in Zion Parochial School he unlawfully taught the subject of reading in the German language
German language

German is a West Germanic languages, thus related to and classified alongside English language and Dutch language. It is one of the world's world language and the most widely spoken mother tongue in the European Union....
 to Raymond Parpart, a child of 10 years, who had not attained and successfully passed the eighth grade.






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Meyer v. Nebraska, 262 U.S. 390
Case citation

Case citation is the system used in many countries to identify the decisions in past court cases, either in special series of books called Reporter s or law reports, or in a 'neutral' form which will identify a decision wherever it was reported....
 (1923), was a U.S. Supreme Court
Supreme Court of the United States

The Supreme Court of the United States is the highest judicial body in the United States, and leads the federal United States federal courts. It consists of the Chief Justice of the United States and eight Associate Justice of the Supreme Court of the United States, who are nominated by the President of the United States and confirmed with th...
 case which held that a 1919 Nebraska
Nebraska

Nebraska is a U.S. state located on the Great Plains of the Midwestern United States and Western United States.Nebraska probably gets its name from the archaic Chiwere language words ?? Br?sge or the Omaha-Ponca language N? Bth?ska meaning "flat water," after the Platte River that flows through the state....
 law prohibiting the teaching of foreign languages to school children before high school unconstitutionally violated the Due Process
Due process

Due process is the principle that the government must respect all of the legal rights that are owed to a person according to the law of the land, instead of respecting merely some or most of those legal rights....
 clause of the Fourteenth Amendment
Fourteenth Amendment to the United States Constitution

The Fourteenth Amendment to the United States Constitution is one of the post-American Civil War Reconstruction Amendments that was first intended to secure the rights of former Slavery in the United States....
.

Facts

Robert T. Meyer, the Plaintiff, was tried and convicted in the district court for Hamilton county, Nebraska, under allegations which charged that on May 25, 1920, while an instructor in Zion Parochial School he unlawfully taught the subject of reading in the German language
German language

German is a West Germanic languages, thus related to and classified alongside English language and Dutch language. It is one of the world's world language and the most widely spoken mother tongue in the European Union....
 to Raymond Parpart, a child of 10 years, who had not attained and successfully passed the eighth grade. The information is based upon an act relating to the teaching of foreign languages in the state of Nebraska, approved April 9, 1919 , which includes the principle section "No person, individually or as a teacher, shall, in any private, denominational, parochial or public school, teach any subject to any person in any language than the English language."

The Nebraska Supreme Court
Nebraska Supreme Court

The Nebraska Supreme Court is the supreme court in the U.S. state of Nebraska. The Court consists of a Chief Justice and six Associate Justices....
 affirmed, and Meyer appealed to the Supreme Court of the United States.

Majority opinion


In his decision, Justice McReynolds
James Clark McReynolds

James Clark McReynolds was an United States lawyer and judge who served both as United States Attorney General under President of the United States Woodrow Wilson and as an Associate Justice of the United States Supreme Court....
 stated that although the state "may do much . . . in order to improve the quality of its citizens," the statute exceeded "the limitations on the power of the state and conflict[ed] with rights assured" to Meyer. The "liberty" protected by the Due Process clause "[w]ithout doubt...denotes not merely freedom from bodily restraint but also the right of the individual to contract, to engage in any of the common occupations of life, to acquire useful knowledge, to marry, establish a home and bring up children, to worship God according to the dictates of his own conscience, and generally to enjoy those privileges long recognized…as essential to the orderly pursuit of happiness by free men."

Dissent


Justices Oliver Wendell Holmes
Oliver Wendell Holmes

Oliver Wendell Holmes was the name of two prominent men, father and son:*Oliver Wendell Holmes, Sr. , poet, physician, and essayist*Oliver Wendell Holmes, Jr. , justice of the Supreme Court of the United States...
 and George Sutherland
George Sutherland

George Sutherland was an England-born United States of America jurist and political figure. One of four appointments to the Supreme Court by President Warren G....
 dissented. Their dissenting opinion, written by Holmes, can be found in the companion case of Bartels v. State of Iowa.

In later jurisprudence


Meyer, along with Pierce v. Society of Sisters
Pierce v. Society of Sisters

Pierce v. Society of Sisters of the Holy Names of Jesus and Mary, , was an early 20th century United States Supreme Court decision which significantly expanded coverage of the Due Process in the Fourteenth Amendment to the United States Constitution....
 (1925), is often cited as one of the first instances in which the U.S. Supreme Court
Supreme Court of the United States

The Supreme Court of the United States is the highest judicial body in the United States, and leads the federal United States federal courts. It consists of the Chief Justice of the United States and eight Associate Justice of the Supreme Court of the United States, who are nominated by the President of the United States and confirmed with th...
 engaged in substantive due process in the area of civil liberties
Civil liberties

Civil liberties are Freedom that protect the individual from the government. Civil liberties set limits for government so that it cannot abuse its Political power and interfere with the lives of its citizens....
. Justice Kennedy
Anthony Kennedy

Anthony McLeod Kennedy has been an Associate Justice of the Supreme Court of the United States of the Supreme Court of the United States since 1988....
 has speculated that both of those cases might have been written differently nowadays: "Pierce and Meyer, had they been decided in recent times, may well have been grounded upon First Amendment principles protecting freedom of speech, belief, and religion." Current Supreme Court doctrine prohibits the judiciary from using the Due Process Clause instead of an applicable specific constitutional provision (such as the First Amendment) when one is available.

In popular culture


In the fictional drama The West Wing
The West Wing (TV series)

The West Wing is an American television serial drama created by Aaron Sorkin that was originally broadcast from 1999 to 2006. It was produced/written by Sorkin and also produced by Thomas Schlamme....
, the case is mentioned as an example of the Supreme Court ruling in an activist
Judicial activism

Judicial activism may be either a descriptive or a normative term, but in common usage is primarily used in a way that is both normative and pejorative." As a descriptive term, it applies to the activities of judges who, in the course of carrying out their duties, go beyond the strictly judicial function and enter into the political policymak...
 manner to preserve democratic freedoms promoted, but not explicitly protected, by the U.S. Constitution. Labeling the case in this way is, of course, a matter of opinion. The mention occurred in season 6, episode 14: "The Wake Up Call."

See also