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  • Pierce V Soc of Sisters

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    Naika Ramos Lofranco
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    The Supreme Court held that an Oregon statute requiring all children to attend public schools violated parents' and private schools' Fourteenth Amendment rights. Specifically, the statute requiring parents to send their children to public schools between ages 8-16 interfered with (1) parents' right to direct the upbringing and education of their children; (2) private schools' property right to conduct their business; and (3) children's right to influence their parent's choice of school. The Court found the statute unlawfully deprived private schools of students and threatened their viability, violating due process.

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    Pierce v Soc of Sisters

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    The Supreme Court held that an Oregon statute requiring all children to attend public schools violated parents' and private schools' Fourteenth Amendment rights. Specifically, the statute requiring parents to send their children to public schools between ages 8-16 interfered with (1) parents' right to direct the upbringing and education of their children; (2) private schools' property right to conduct their business; and (3) children's right to influence their parent's choice of school. The Court found the statute unlawfully deprived private schools of students and threatened their viability, violating due process.

    Copyright:

    Attribution Non-Commercial (BY-NC)
    Download as DOC, PDF, TXT or read online from Scribd
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    Download as doc, pdf, or txt
    35 views1 page

    Pierce V Soc of Sisters

    Uploaded by

    Naika Ramos Lofranco
    The Supreme Court held that an Oregon statute requiring all children to attend public schools violated parents' and private schools' Fourteenth Amendment rights. Specifically, the statute requiring parents to send their children to public schools between ages 8-16 interfered with (1) parents' right to direct the upbringing and education of their children; (2) private schools' property right to conduct their business; and (3) children's right to influence their parent's choice of school. The Court found the statute unlawfully deprived private schools of students and threatened their viability, violating due process.

    Copyright:

    Attribution Non-Commercial (BY-NC)
    Download as DOC, PDF, TXT or read online from Scribd
    Flag for inappropriate content
    Download as doc, pdf, or txt
    of 1

    PIERCE V SOCIETY OF SISTERS o the right of the parents to choose schools where

    268 US 510 their children will receive appropriate mental and


    Ponente: Justice McReynolds religious training
    o the right of the child to influence the parent’s choice
    Appellee: Society of Sisters of school
    Appellant: Pierce (Governor of Oregon) o the right of schools and teachers therein to engage
    in a useful business or profession
    o the Constitution
    FACTS: o the corporation’s rights guaranteed by the
    • Soc of Sisters is an Oregon Corporation, formed in 1880 to: Fourteenth Amendment
    o care for the orphans
    o educate and instruct the youth ISSUE: WON the statute is in conflict with the rights guaranteed by
    o establish and maintain academies or schools the Fourteenth amendment
    o acquire necessary real and personal property
    • Hill Military Academy
    o Private corporation organized in 1908 under the laws HELD:
    of Oregon • Statute is in conflict with the Fourteenth Amendment
    o Engaged in owning, operating and conducting for o Fourteenth Amendment guaranteed
    profit an elementary, college preparatory, and  Appellees against the deprivation of their
    military training school for boys between the ages of property w/o due process of law
    5 and 21  Right to conduct school was property
    • Soc of Sisters and Hill Military Academy challenges the o Appellees’ schools were not unfit or harmful to public
    Compulsory Educational Act 1 o The statute would unlawfully deprive the appellees
    o Adopted on November 7, 1922 of patronage and eventually might destroy their
    o Effective September 1, 1926 business and property
    o Requires every parent, guardian or other person o The child is not the mere creature of the state1
    having control or charge or custody of a child o Section 5259 of the Oregon Laws (challenged
    between 8 and 16 years old to send him to a public statute) be revised to provide that parents are no
    school for the period of time a public school shall be longer required to send their children to public
    held during the current year I the district where the schools
    child resides
    o Failure to do so is declared misdemeanor
    o Exemptions:
     Not normal children
     Completed eighth grade
     Special permit from the county
    superintendent
    • Soc of Sisters alleges that the statute conflicts with:
    1
    This case is made famous by this quote

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