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<title level="m" type="main"><hi rend="italic">Meyer v. Nebraska</hi></title>
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<author>William G. Ross</author>
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<p>Copyright &#169; 2011 by University of Nebraska&#8211;Lincoln, all rights reserved. Redistribution or republication in any medium, except as allowed under the Fair Use provisions of U.S. copyright law, requires express written consent from the editors and advance notification of the publisher, the University of Nebraska&#8211;Lincoln.</p>
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<bibl><author n="Ross, William G.">William G. Ross</author>. <title level="a">"<hi rend="italic">Meyer v. Nebraska</hi>."</title> In <editor n="Wishart, David J.">David J. Wishart</editor>, ed. <title level="m">Encyclopedia of the Great Plains</title>. <pubPlace>Lincoln</pubPlace>: <publisher>University of Nebraska Press</publisher>, <date value="2004">2004</date>. <biblScope type="pages">457</biblScope>.</bibl>
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<head type="main"><hi rend="italic">MEYER V. NEBRASKA</hi></head>

<p>In <hi rend="italic">Meyer v. Nebraska</hi> (1923), the U.S. Supreme
Court struck down a Nebraska statute that
prohibited the teaching of modern foreign
languages in private and parochial elementary
schools. The Court held that the statute was
unconstitutional because it deprived parents
and teachers of liberty and property without
due process of law in violation of the Fourteenth
Amendment to the U.S. Constitution.</p>

<p>The Nebraska statute was enacted shortly
after World War I in response to widespread
hostility against Nebraska's large German
American community that had arisen as a result
of the war. Similar laws were promulgated
in many other states. Proponents of these laws
argued that they facilitated "Americanization"
of children who lived in isolated ethnic communities.
German American Lutherans, who
challenged the constitutionality of the Nebraska
statute and similar laws in companion
cases in Ohio and Iowa, contended that their
children needed to learn the German language
in order to participate in German-language
worship at home and in churches. Robert T.
Meyer, a teacher in a Lutheran school in
Hampton, Nebraska, defied the statute by
openly teaching German, as did two other
Lutheran parochial schoolteachers in Ohio
and Iowa. Meyer argued that it was his religious
duty to teach children the religion of
their parents in the language of their parents.
Since German American Lutheran parochial
schools already taught basic curricular subjects
in the English language, the Court found
that the Nebraska, Ohio, and Iowa statutes did
not promote the states' interest in encouraging
patriotism and the use of a common language.
In a dissent joined by Justice George Sutherland,
Justice Oliver Wendell Holmes Jr. argued
that the Court ought to have deferred to the
legislatures' determination that the statutes
were necessary for the protection of the public
welfare.</p>

<p>The Nebraska statute and its counterparts
in other states were part of a broader nativistic
assault on the rights of ethnic Americans that
included a widespread movement to destroy
parochial education by requiring all children
to attend public school. In ruling that parents
had a right to control the education of their
children unless such education directly threatened
the interests of the government, the
Court in Meyer laid the foundation for its
landmark decision in <hi rend="italic">Pierce v. Society of Sisters</hi>
(1925), which struck down a compulsory public
education law in Oregon. In reaffirming
<hi rend="italic">Meyer's</hi> ruling that parents have a constitutional
right to control the education of their
children, <hi rend="italic">Pierce</hi> ended the movement for compulsory
public education.</p>

<p>The <hi rend="italic">Meyer</hi> decision was also significant because
it was the first case in which the Court
invoked the Fourteenth Amendment to protect
noneconomic rights against intrusion by
the states. Until <hi rend="italic">Meyer</hi>, the Court generally
had struck down only those state statutes that
unreasonably interfered with economic activities.
In suggesting that the statute unconstitutionally
infringed upon both economic rights
and noneconomic rights, <hi rend="italic">Meyer</hi> marked the
start of the Court's modern role as a guardian
of personal liberties. In sweeping language, the
Court held that the Fourteenth Amendment
"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 at common
law as essential to the orderly pursuit of happiness
by free men."</p>

<p>Although proponents of parochial education
regarded <hi rend="italic">Meyer</hi> as a victory for religious
freedom, the Court in <hi rend="italic">Meyer</hi> did not rely
upon the First Amendment's freedom of religion
clause or any other specific provision of
the Bill of Rights, which the Court had not yet
begun to incorporate into state law. <hi rend="italic">Meyer's</hi>
emphasis on personal liberties, however, presaged
the Court's gradual application of the
various provisions of the Bill of Rights to the
states, beginning later in the 1920s.</p>

<p>While most civil liberties decisions after
<hi rend="italic">Meyer</hi> and <hi rend="italic">Pierce</hi> have been grounded in specific
provisions of the Bill of Rights, <hi rend="italic">Meyer</hi>
remains a precedent for the proposition that
there are some constitutional rights that are
not found in specific provisions of the Constitution.
<hi rend="italic">Meyer</hi> therefore has served as a cornerstone
for the development of the right of privacy.
The U.S. Supreme Court relied upon
<hi rend="italic">Meyer</hi> in striking down antiabortion laws in
<hi rend="italic">Roe v. Wade</hi> (1973) and in other decisions concerning
various aspects of privacy.</p>

<closer>
<signed>William G. Ross<lb/>
Stamford University</signed>
</closer>
</div1>

<div1>
<bibl>Luebke, Frederick C. "Legal Restrictions on Foreign Languages
in the Great Plains States, 1917–1923." In <title level="m">Languages in Conflict: Linguistic Acculturation on the Great Plains</title>,
edited by Paul Schach. Lincoln: University of Nebraska
Press, 1980: 1–19.</bibl> <bibl>Ross, William G. <title level="m">Forging New Freedoms: Nativism, Education, and the Constitution, 1917–1927</title>. Lincoln:
University of Nebraska Press, 1994.</bibl>
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