meyer state nebraska argued february decided june mullen omaha sandall york albert columbus plaintiff error mason wheeler lincoln spillman pierce state nebraska justice mcreynolds delivered opinion plaintiff error tried convicted district hamilton county nebraska information charged may instructor zion parochial school unlawfully taught subject reading german language raymond parpart child years attained successfully passed eighth grade information based upon act relating teaching foreign languages state nebraska approved april laws follows person individually teacher shall private denominational parochial public school teach subject person language english language languages english language may taught languages pupil shall attained successfully passed eighth grade evidenced certificate graduation issued county superintendent county child resides person violates provisions act shall deemed guilty misdemeanor upon conviction shall subject fine less dollars one hundred dollars confined county jail period exceeding thirty days offense whereas emergency exists act shall force passage approval state affirmed judgment conviction neb declared offense charged established direct intentional teaching german language distinct subject child passed eighth grade parochial school maintained zion evangelical lutheran congre ation collection biblical stories used therefore held statute forbidding conflict fourteenth amendment valid exercise police power following excerpts opinion sufficiently indicate reasons advanced support conclusion salutary purpose statute clear legislature seen baneful effects permitting eigners taken residence country rear educate children language native land result condition found inimical safety allow children foreigners emigrated taught early childhood language country parents rear language mother tongue educate must always think language consequence naturally inculcate ideas sentiments foreign best interests country statute therefore intended require education children conducted english language grown language become part schools taught language obvious purpose statute english language become mother tongue children reared state enactment statute comes reasonably within police power state pohl state ohio state bartels iowa suggested law unwarranted restriction applies citizens state arbitrarily interferes rights citizens foreign ancestry prevents without reason children taught foreign languages school argument well taken assumes every citizen finds restrained statute hours child able devote study confinement school limited must ample time exercise play daily capacity learning comparatively small selection subjects education therefore among many might taught obviously necessary legislature doubt mind practical operation law law affects citizens except foreign lineage citizens selection studies except perhaps rare instances never deemed importance teach children foreign languages children reached eighth grade legislative mind salutary effect statute doubt outweighed restriction upon citizens generally appears restriction real consequence problem determination whether statute construed applied unreasonably infringes liberty guaranteed plaintiff error fourteenth amendment state shall deprive person life liberty property without due process law attempted define exactness liberty thus guaranteed term received much consideration included things definitely stated without doubt denotes merely freedom bodily restraint also right individual contract engage common occupations life acquire useful knowledge marry establish home bring children worship god according dictates conscience generally enjoy privileges long recognized common law essential orderly pursuit happiness free men cases wall butchers union crescent city co sup yick wo hopkins sup minnesota bar er sup allegeyer louisiana sup lochner new york sup ann cas twining new jersey sup chicago mcguire sup truax raich sup ann cas adams tanner sup ann cas new york life ins dodge sup ann cas truax corrigan sup adkins children hospital april sup ed wyeth cambridge board health mass established doctrine liberty may interfered guise protecting public interest legislative action arbitrary without reasonable relation purpose within competency state effect determination legislature constitutes proper exercise police power final conclusive subject supervision courts lawton steele sup american people always regarded education acquisition knowledge matters importance diligently promoted ordinance declares morality knowledge necessary good government happiness mankind schools means education shall forever encouraged corresponding right control natural duty parent give children education suitable station life nearly including nebraska enforce obligation compulsory laws practically education young possible schools conducted especially qualified persons devote thereto calling always regarded useful honorable essential indeed public welfare mere knowledge german language reasonably regarded harmful heretofore commonly looked upon helpful desirable plaintiff error taught language school part occupation right thus teach right parents engage instruct children think within liberty amendment challenged statute forbids teaching school subject except english also teaching language pupil attained successfully passed eighth grade usually accomplished age twelve state held ancient dead languages spirit purpose act nebraska district evangelical lutheran synod mckelvie et al neb april latin greek hebrew proscribed german french spanish italian every alien speech within ban evidently legislature attempted materially interfere calling modern language teachers opportunities pupils acquire knowledge power parents control education said purpose legislation promote civic development inhibiting training education immature foreign tongues ideals learn english acquire american ideals english language become mother tongue children reared state also affirmed foreign born population large certain communities commonly use foreign words follow foreign leaders move foreign atmosphere children thereb hindered becoming citizens useful type public safety imperiled state may much go far indeed order imporve quality citizens physically mentally morally clear individual certain fundamental rights must respected protection constitution extends speak languages well born english tongue perhaps highly advantageous ready understanding ordinary speech coerced methods conflict desirable promoted prohibited means welfare ideal commonwealth plato suggested law provide wives guardians common children common parent know child child parent proper officers take offspring good parents pen fold deposit certain nurses dwell separate quarter offspring inferior better chance deformed put away mysterious unknown place order submerge individual develop ideal citizens sparta assembled males seven barracks intrusted subsequent education training official guardians although measures deliberately approved men great genius ideas touching relation individual state wholly different upon institutions rest hardly affirmed legislature impose restrictions upon people state without violence letter spirit constitution desire legislature foster homogeneous people american ideals prepared readily understand current discussions civic matters easy appreciate unfortunate experiences late war aversion toward every character truculent adversaries certainly enough quicken aspiration means adopted think exceed limitations upon power state conflict rights assured plaintiff error interference plain enough adequate reason therefor time peace domestic tranquility shown power state compel attendance school make reasonable regulations schools including requirement shall give instructions english questioned challenge made state power prescribe curriculum institutions supports matters within present controversy concern prohibition approved adams tanner sup ann cas pointed mere abuse incident occupation ordinarily useful enough justify abolition although regulation may entirely proper emergency arisen renders knowledge child language english clearly harmful justify inhibition consequent infringement rights long freely enjoyed constrained conclude statute applied arbitrary without reasonable relation end within competency state statute undertakes interfere teaching involves modern language leaving complete freedom matters seems adequate foundation suggestion purpose protect child health limiting mental activities well known proficiency foreign language seldom comes one instructed early age experience shows injurious health morals understanding ordinary child judgment belo must reversed cause remanded proceedings inconsistent opinion reversed justice holmes justice sutherland dissent