← Autodidact Archive · Original Dissent · londo
Thread ID: 7905 | Posts: 1 | Started: 2003-07-06
2003-07-06 09:02 | User Profile
[url=http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=us&vol=370&invol=421]http://caselaw.lp.findlaw.com/scripts/getc...l=370&invol=421[/url]
U.S. Supreme Court ENGEL v. VITALE, 370 U.S. 421 (1962) 370 U.S. 421 ENGEL ET AL. v. VITALE ET AL. CERTIORARI TO THE COURT OF APPEALS OF NEW YORK. No. 468. Argued April 3, 1962. Decided June 25, 1962.
Because of the prohibition of the First Amendment against the enactment of any law "respecting an establishment of religion," which is made applicable to the States by the Fourteenth Amendment, state officials may not compose an official state prayer and require that it be recited in the public schools of the State at the beginning of each school day - even if the prayer is denominationally neutral and pupils who wish to do so may remain silent or be excused from the room while the prayer is being recited. Pp. 422-436.
10 N. Y. 2d 174, 176 N. E. 2d 579, reversed.
William J. Butler argued the cause for petitioners. With him on the briefs was Stanley Geller.
Bertram B. Daiker argued the cause for respondents. With him on the briefs was Wilford E. Neier.
Porter R. Chandler argued the cause for intervenors-respondents. With him on the briefs were Thomas J. Ford and Richard E. Nolan.
Charles A. Brind filed a brief for the Board of Regents of the University of the State of New York, as amicus curiae, in opposition to the petition for certiorari.
Briefs of amici curiae, urging reversal, were filed by Herbert A. Wolff, Leo Rosen and Nancy Wechsler for the American Ethical Union; Louis Caplan, Edwin J. Lukas, Paul Hartman, Theodore Leskes and Sol Rabkin for the American Jewish Committee et al.; and Leo Pfeffer, Lewis H. Weinstein, Albert Wald, Shad Polier and Samuel Lawrence Brennglass for the Synagogue Council of America et al.
A brief of amici curiae, urging affirmance, was filed by Roger D. Foley, Attorney General of Nevada, Robert [370 U.S. 421, 422] Pickrell, Attorney General of Arizona, Frank Holt, Attorney General of Arkansas, Albert L. Coles, Attorney General of Connecticut, Richard W. Ervin, Attorney General of Florida, Eugene Cook, Attorney General of Georgia, Frank Benson, Attorney General of Idaho, Edwin K. Steers, Attorney General of Indiana, William M. Ferguson, Attorney General of Kansas, Jack P. F. Gremillion, Attorney General of Louisiana, Thomas B. Finan, Attorney General of Maryland, Joe T. Patterson, Attorney General of Mississippi, William Maynard, Attorney General of New Hampshire, Arthur J. Sills, Attorney General of New Jersey, Earl E. Hartley, Attorney General of New Mexico, Leslie R. Burgum, Attorney General of North Dakota, David Stahl, Attorney General of Pennsylvania, J. Joseph Nugent, Attorney General of Rhode Island, Daniel R. McLeod, Attorney General of South Carolina, A. C. Miller, Attorney General of South Dakota, Will Wilson, Attorney General of Texas, and C. Donald Robertson, Attorney General of West Virginia.