''Farrington v. Tokushige'', 273 U.S. 284 (1927), was a case in which the

Supreme Court of the United States The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that involve a point o ...

unanimously struck down the

Territory of Hawaii The Territory of Hawaii or Hawaii Territory ( Hawaiian: ''Panalāʻau o Hawaiʻi'') was an organized incorporated territory of the United States that existed from April 30, 1900, until August 21, 1959, when most of its territory, excluding ...

's law, making it illegal for schools to teach foreign languages without a permit, as it violated the

due process clause In United States constitutional law, a Due Process Clause is found in both the Fifth and Fourteenth Amendments to the United States Constitution, which prohibits arbitrary deprivation of "life, liberty, or property" by the government except as ...

of the Fifth Amendment.. Violation of the due process clause under the 14th Amendment was not considered as Hawaii was a territory of the United States at the time.

Decision

The Court unanimously affirmed the lower court's decision: :''The foregoing statement is enough to show that the school Act and the measures adopted thereunder go far beyond mere regulation of privately supported schools where children obtain instruction deemed valuable by their parents and which is not obviously in conflict with any public interest. They give affirmative direction concerning the intimate and essential details of such schools, intrust their control to public officers, and deny both owners and patrons reasonable choice and discretion in respect of teachers, curriculum and text-books. Enforcement of the Act probably would destroy most, if not all, of them; and, certainly, it would deprive parents of fair opportunity to procure for their children instruction which they think important and we cannot say is harmful. The Japanese parent has the right to direct the education of his own child without unreasonable restrictions; the Constitution protects him as well as those who speak another tongue.'' The Court stated that "owners, parents and children" are guaranteed rights by the

of the Fifth Amendment with reference to ''

Meyer v. Nebraska ''Meyer v. Nebraska'', 262 U.S. 390 (1923), was a U.S. Supreme Court case that held that a 1919 Nebraska law restricting foreign-language education violated the Due Process Clause of the Fourteenth Amendment to the United States Constitution. ...

'', '' Bartels v. Iowa'', and ''

Pierce v. Society of Sisters ''Pierce v. Society of Sisters'', 268 U.S. 510 (1925), was an early 20th-century United States Supreme Court decision striking down an Oregon statute that required all children to attend public school. The decision significantly expanded coverage ...

''.

References

External links

* * 1927 in education 1927 in Hawaii 1927 in United States case law Legal history of Hawaii United States education case law United States substantive due process case law United States Supreme Court cases United States Supreme Court cases of the Taft Court Japanese-American culture in Hawaii Japanese-American history Language education in the United States {{SCOTUS-case-stub

Decision

See also

References

External links