McCOLLUM v. BOARD OF EDUCATION

No. 90.

333 U.S. 203 (1948)

ILLINOIS EX REL. McCOLLUM v. BOARD OF EDUCATION OF SCHOOL DISTRICT NO. 71, CHAMPAIGN COUNTY, ILLINOIS, ET AL.

Supreme Court of United States.

Decided March 8, 1948.


Attorney(s) appearing for the Case

Walter F. Dodd and Edward R. Burke argued the cause for appellant. Mr. Dodd also filed a brief.

John L. Franklin and Owen Rall argued the cause and filed a brief for appellees.

Briefs of amici curiae urging reversal were filed by Henry Epstein, Leo Pfeffer and Samuel Rothstein for the Synagogue Council of America et al.; Herbert A. Wolff for the American Ethical Union; E. Hilton Jackson, Challen B. Ellis, W.D. Jamieson and Kahl K. Spriggs for the Joint Conference Committee on Public Relations of several Baptist conventions; Edward C. Park for the American Unitarian Association; Kenneth W. Greenawalt, Leon Despres, Russell Whitman, John D. Miller, William L. Marbury, Thomas H. Eliot, Winthrop Wadleigh, Whitney N. Seymour and Gurney Edwards for the American Civil Liberties Union; and Homer Cummings and William D. Donnelly for the General Conference of Seventh Day Adventists.

George F. Barrett, Attorney General of Illinois, and William C. Wines, Assistant Attorney General, filed a brief as amici curiae, urging affirmance.

Charles H. Tuttle filed a brief for the Protestant Council of New York City, as amicus curiae.


MR. JUSTICE BLACK delivered the opinion of the Court.

This case relates to the power of a state to utilize its tax-supported public school system in aid of religious instruction insofar as that power may be restricted by the First and Fourteenth Amendments to the Federal Constitution.

The appellant, Vashti McCollum, began this action for mandamus against the Champaign Board of Education in the Circuit Court of Champaign...

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