Recent Restrictions upon Religious Liberty

1942 ◽  
Vol 36 (6) ◽  
pp. 1053-1068 ◽  
Author(s):  
Victor W. Rotnem ◽  
F. G. Folsom
Keyword(s):  
Public Schools ◽  
Rhode Island ◽  
Religious Freedom ◽  
The United States ◽  
Considerable Proportion ◽  
Board Of Education ◽  
The Public ◽  
The Supreme Court ◽  
History Of ◽  
Roger Williams

Within the last five years, the Supreme Court of the United States has added decisions of greater importance to the case law of religious freedom than had been accumulated in all the years since the adoption of the Bill of Rights. The importance of two of these recent decisions rests upon the subordination of freedom of action based on sectarian beliefs to the restrictions of society as a whole. In one of the two cases, the law of society was a board of education order that school children participate in the flag salute exercise on pain of expulsion from the public schools; in the other, it was peddlers' license tax ordinances. Because neither of these decisions has been accepted as a firmly rooted precedent, it will be well to examine them in the light of the history of the federally secured right of religious freedom and in the light of the immediate public reactions to them.A considerable proportion of the early emigration to the thirteen original colonies was undoubtedly due to a desire to escape religious persecution in England and on the Continent. Those colonists, however, were as insistent that their own particular form of religion be adhered to as their oppressors had been. The story of Roger Williams, who was expelled from the colony of Massachusetts because of his non-conformist views and who established the colony of Rhode Island as a sanctuary of religious tolerance, and that of Ann Hutchinson, who also was exiled from the Bay Colony for a like reason, are monuments to the intolerance of the Puritans.

scholarly journals Friedrichs v. California Teachers Association: The American Labor Relations System in Jeopardy

2017 ◽  
Author(s):  
Ann C. Hodges
Keyword(s):  
United States ◽  
Public Sector ◽  
Labor Relations ◽  
The United States ◽  
Court Decisions ◽  
Union Security ◽  
The Public ◽  
The Supreme Court ◽  
History Of ◽  
American Labor

The petitioners in Friedrichs v. California Teachers Association seek to overturn longstanding law relating to union security in the public sector. A decision in favor of the petitioners will invalidate provisions in thousands of collective bargaining agreements covering millions of workers. Additionally, it has the potential to upend the labor relations system in the United States. To understand how this might be the case, this Issue Brief will review the history of union security and the Supreme Court decisions that upheld union security agreements in the public sector. The Issue Brief will then look at the Friedrichs case itself, engaging in an analysis of the case which concludes that the Court should reach the same result as in prior cases.

Introduction

1979 ◽  
Author(s):  
David Nasaw
Keyword(s):  
United States ◽  
Public Schools ◽  
Social History ◽  
The United States ◽  
Public Schooling ◽  
The Public ◽  
Race And Class ◽  
The Social ◽  
History Of ◽  
Public Colleges And Universities

A history of American public schooling reduced to graphs would tell a simple story of almost continuous growth. In every category, the graphs would incline upwards, recording a steady rise in the number of students in school, the time they spent there, the teachers who taught them, the schools that housed them, and the dollars expended. The upward trend would continue unbroken from the 1820s until the 1970s. We cannot, at this time, chart the downward course that has commenced (if only temporarily) in the mid-1970s. We know only that that part of the American public that votes on school bond issues and makes its opinions known to professional pollsters is no longer willing to spend as much money or place as much trust in public schooling as it once was. It is too soon to predict the future course of public schooling in America, but a good time to reconsider the past. To understand why Americans have grown disillusioned with their public schools we must look beyond the immediate present to the larger history of the United States and its public schools. The public schools of this country—elementary, secondary, and higher—were not conceived full-blown. They have a history, and it is the social history of the United States. This essay will not attempt to present that history in its entirety but will focus instead on three specific periods decisive for the social history of this society and its public schools: the decades before the Civil War, in which the elementary or “common schools” were reformed; the decades surrounding the turn of the twentieth century, in which the secondary schools “welcomed” the “children of the plain people”; and the post-World War II decades, which found the public colleges and universities “overwhelmed” by a “tidal wave” of “non-traditional” students— those traditionally excluded from higher education by sex, race, and class. In each of these periods, the quantitative expansion of the student population was matched by a qualitative transformation of the enlarged institutions.

Across the Divides: Beyond School, Nation, and the 1965 Immigration Act in the History of Asian American Education

2020 ◽  
Vol 60 (4) ◽  
pp. 623-631 ◽  
Author(s):  
Stephanie Hinnershitz
Keyword(s):  
School Board ◽  
San Francisco ◽  
Asian American ◽  
Chinese Immigrants ◽  
The United States ◽  
Board Of Education ◽  
American Education ◽  
The Supreme Court ◽  
History Of ◽  
American Children

The importance of education for Asian Americans looking to fight race-based discrimination, create a sense of community, and reclaim and establish an identity is well documented. In 1884, Mary and Joseph Tape, Chinese immigrants living in San Francisco, sued the San Francisco Board of Education and the principal of the Spring Valley Primary School—Jennie Hurley--after Hurley denied their daughter, Mamie, admission because she was “Chinese” (though born in the United States). The Superior Court ruled in favor of the Tapes, but in 1885, the School Board appealed the decision to the Supreme Court of California where justices upheld the lower court's decision. Though Mamie would not be able to attend Spring Valley after the School Board successfully pushed for state-wide school segregation legislation, many “white-only” institutions began to admit Chinese American children after the Tape case.

Introduction

2004 ◽  
Author(s):  
Derrick Bell
Keyword(s):  
Public Schools ◽  
Civil Rights ◽  
Federal District ◽  
District Court ◽  
Board Of Education ◽  
Law Firm ◽  
Yale University ◽  
The Public ◽  
The Supreme Court ◽  
American Law

Graduation Day At Yale University in late May 2002 was blessed with warm, clear weather. It is the hope for such a beautiful morning that enables outdoor commencements to survive the rain-soaked disappointment of those hopes on far too many better-forgotten occasions. Yale’s Old Campus was filled with faculty, administrators, soon-to-be graduates, and their well-dressed families and friends. Under the canopy-covered stage, there were ten individuals designated to receive honorary degrees because of their significant achievements. I was there at the invitation of one of those honorees, Robert L. Carter, my mentor and friend for more than forty years. Then eighty-five, a senior judge on the federal district court with thirty years of service, Carter had previously enjoyed a long and distinguished career as an NAACP civil rights attorney and, for a few years, a partner in a large law firm. All of these accomplishments would be worthy of the praise and warm applause that other candidates received. When, though, Yale University president Richard Levin announced that Judge Carter was an important member of the legal team that planned the strategies and argued the landmark case of Brown v. Board of Education , noting that the decision was only two years short of its fiftieth anniver­sary, the audience leaped to its feet and, with great enthusiasm, applauded and cheered. On that happy day, Judge Carter was the recipient of the audience’s appreciation for his work in helping litigate a case in which the Supreme Court had held racial segregation in the public schools unconstitutional. The mainly white audience that had assembled for the commencement exercises at one of the nation’s premier universities was not unsophisticated. For them, and so many others regardless or status or race, Brown v. Board of Education evoked awe and respect. I fasked, most would have agreed that the decision was the finest hour of American law. In their view, this long-awaited and now much-appreciated decision had erased the contradiction between the freedom and justice for all that America proclaimed, and the subordination by race permitted by our highest law.

School Desegregation

2018 ◽  
pp. 11-53
Author(s):  
Elaine Allen Lechtreck
Keyword(s):  
South Carolina ◽  
Public Schools ◽  
Supreme Court ◽  
The United States ◽  
Board Of Education ◽  
Little Rock ◽  
Clemson University ◽  
Massive Resistance ◽  
The Supreme Court ◽  
Central High

On 17 May 1954, the Supreme Court of the United States ruled unanimously in Brown v The Board of Education that segregated public schools are unconstitutional. This chapter describes massive resistance organized by politicians and white supremacist groups throughout the South. Crises are described at Clinton High in Tennessee, Central High in Little Rock, Arkansas, the Universities of Mississippi and Alabama, Tuskegee High School in Alabama, and Clemson University in South Carolina as well as the courage of the Reverends Turner, Boggs, Cartwright, Ogden, Campbell, Gray, Davis, Sellers, Morris, Cousins, Lyles, Jackson, and Webster at these locations. It includes statements in support of the decision by the governing boards of major religious denominations, twenty-eight young ministers of the Mississippi Methodist Conference, and contributors to South Carolinians Speak, a booklet on moderation. Later the Supreme Court backed away from enforcing school integration. Scholars Wright, Jacoway, Wolters, Bell, Higgins, and Snider comment.

Integration Now

2019 ◽  
Author(s):  
William P. Hustwit
Keyword(s):  
Public Schools ◽  
Supreme Court ◽  
Historical Analysis ◽  
Court Case ◽  
Board Of Education ◽  
State Governments ◽  
Holmes County ◽  
The Supreme Court ◽  
Supreme Court Case ◽  
History Of

Recovering the history of an often-ignored landmark Supreme Court case, William P. Hustwit assesses the significant role that Alexander v. Holmes (1969) played in integrating the South’s public schools. Although Brown v. Board of Education has rightly received the lion’s share of historical analysis, its ambiguous language for implementation led to more than a decade of delays and resistance by local and state governments. Alexander v. Holmes required “integration now,” and less than a year later, thousands of children were attending integrated schools. Hustwit traces the progression of the Alexander case to show how grassroots activists in Mississippi operated hand in glove with lawyers and judges involved in the litigation. By combining a narrative of the larger legal battle surrounding the case and the story of the local activists who pressed for change, Hustwit offers an innovative, well-researched account of a definitive legal decision that reaches from the cotton fields of Holmes County to the chambers of the Supreme Court in Washington.

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