"NOT GOVERNMENT'S BUSINESS TO COMPOSE PRAYERS"

SUPREME COURT STRIKES DOWN SCHOOL PRAYER BY 6 TO 1 VOTE

Washington, D.C. (JFK+50) On June 25, 1962, the United States Supreme Court handed down its ruling in the case of Engel v Vitale.  By a vote of 6 to 1, the High Court ruled that a prayer recommended for classroom reading by the New York Board of Regents is in violation of the First Amendment*.

The prayer was opposed by the American Jewish Commission, the Synagogue Council of America and the Ethical Union.  In earlier rulings by the New York courts, the prayer was acceptable "as long as parents understood their children could remain silent or be excused from the exercises."

Justice Hugo Black** wrote that in the majority view "it is no part of the business of Government to compose official prayers for any group of the American people to recite."

*First Amendment of the United States Constitution begins..."Congress shall make no law respecting an establishment of religion..."

**Hugo Lafayette Black (1886-1971) was born in Clay County, Alabama & earned his LLB at the University of Alabama, 1906.  HLB served in the US Army in WWI & as U.S. Senator (D-AL) 1927-1937.  He was an associate justice of the USSC 1937-1971.  He has been called one of the most influential justices of the 20th century. 

SOURCES

"High Court Bans School Prayer," by Miriam Ottenberg, The Evening Star, June 25, 1962, Chronicling America, Library of Congress, www.loc.gov/

"Supreme Court Says No to School Prayer," JFK+50, June 25, 2011, www.jfk50.blogspot.com/ 

 

 

Justice Hugo Black

Official Supreme Court Portrait

Painting by John Black^

^Hugo Black's grandson

'"ONCE GOVERNMENT FINANCES A RELIGIOUS EXERCISE..."

SUPREME COURT RULES PRAYER IN PUBLIC SCHOOLS UNCONSTITUTIONAL

Washington, D.C. (JFK+50) On June 25, 1962, the United States Supreme Court ruled prayer in public schools unconstitutional.

In the case Engel v Vitale*, the high court ruled that a prayer recommended for reading in the classroom by the New York Board of Regents violated the First Amendment of the United States Constitution.

The prayer reads as follows...

"Almighty God, we acknowledge our dependence upon Thee and we beg Thy blessings upon us, our parents, our teachers and our country, Amen."

The Supreme Court said because the prayer was created by government officials to promote a religious belief, it violated the First Amendment clause...

 "Congress shall make no law respecting an establishment of religion or prohibit the free exercise thereof..."

In his concurring opinion, Justice William O. Douglas wrote...

"Once government finances a religious exercise it inserts a divisive influence into our communities."

*Engel v Vitale was a lawsuit filed by Steven Engel & other parents whose children attended school in the Union Free School District of New Hyde Park, NY challenging an officially sponsored prayer.  Although the parents lost in lower courts, they won appeal in the USSC.

SOURCE

"Engel v. Vitale (1962), by David L. Hudson, Jr., The First Amendment Encyclopedia, www.mtsu.edu/ 

 

 

The First Amendment

by Nick Youngson

CC BY-SA 3.0

Picpedia.org

Alpha Stock Images

http://alphastockimages.com/

CIRCUMSTANCES OF WAR PERMIT GREATER RESTRICTION ON FREE SPEECH

HIGH COURT UPHOLDS SOCIALIST'S CONVICTION FOR RESISTANCE TO DRAFT 

Washington, D.C. (JFK+50) On March 3, 1919, the United States Supreme Court handed down a landmark decision in Charles T. Schenck* v. United States.  Justice Oliver Wendell Holmes, Jr.** wrote the majority opinion which held that Mr. Schenck's conviction for violating the Espionage Act of 1917*** was constitutional.

Mr. Schenck, general secretary of the United States Socialist Party, had been responsible for the printing and distribution of 15,000 - 20,000 leaflets to draft age men calling for resistance to induction in the armed services.

Justice Holmes argued that the First Amendment to the United States Constitution did NOT protect speech encouraging men to resist the draft.  He wrote that circumstances of war permit greater restriction on free speech than in peacetime.

*Charles T. Schenck (pronounced SHANK) was found guilty of violation of the Espionage Act of 1917 & convicted on 3 counts.  CTS was sentenced to 10 years for each count but served only 6 months in federal prison.

**Oliver Wendell Holmes, Jr. (1841-1935) was born in Boston and earned his BA & law degrees at Harvard University.  OWH served in the Union Army in the Civil War.  He was Chief Justice of the Massachusetts Supreme Court (1899-1902) & Associate Justice of the US Supreme Court (1902-1932).  OWH was appointed to the USSC by President Theodore Roosevelt.

***Espionage Act of 1917 required any protest or anti-government speech must be in line with the government's ability to protect the well-being of its citizens.

WAR IN KOREA BEGINS

WAR IN KOREA BEGAN 64 YEARS AGO TODAY

Seoul, South Korea (JFK+50) The North Korean People's Army, supported by the Soviet Union, crossed the 38th parallel 64 years ago today, June 25, 1950.

This action marked the beginning of the Korean Conflict which would last until the signing of an armistice on July 27, 1953.

The United Nations Security Council, meeting in New York City, unanimously condemned the invasion and President Harry S Truman ordered United States air and naval forces to support South Korea two days after the invasion.

Korea had been divided  at the Potsdam Conference following World War II.

In December 1945, a Joint Commission of representatives of the United States and USSR agreed to allow a 5 year trusteeship for North Korea by the Soviet Union and a 5 year trusteeship for South Korea by the United States.

Korean War Memorial

Washington, D.C.

Photo by John White (2003)

According to an AP story in the New York Daily News, celebrations of remembrance of this event were held today in both North and South Korea.

A rally to mark the 64th anniversary of the beginning of the Korean War was held in Kim II Sung Square in Pyongyang while a ceremony including U.S. veterans of the conflict was held in Seoul.

SOURCE

"Rival nations mark 64th anniversary of Korean War," New York Daily News, June 25, 2014, www.nydailynews.com/

SUPREME COURT SAYS NO TO SCHOOL PRAYER

Washington, D.C. (JFK+50) The United States Supreme Court handed down its controversial ruling 52 years ago today, June 25, 1962, that prayer in public schools is unconstitutional.

The ruling came in the case of Engel v. Vitale.

The high court, by a vote of 6 to 1,  ruled that a prayer recommended for classroom reading by the New York Board of Regents was in violation of the First Amendment*.

The prayer in question said...

"Almighty God, we acknowledge our dependence upon Thee and we beg Thy blessings upon us, our parents, our teachers and our country. Amen."

The American Jewish Commission, the Synagogue Council of America and the Ethical Union opposed the prayer.

The court said because the prayer was created by government officials to promote a religious belief it was in violation of First Amendment rights.

*First Amendment:  Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press, or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.

Sculpture of Chief Justice Earl Warren

United States Supreme Court Building

       Photo by John White (2003)

IKE NAMED SUPREME COMMANDER IN EUROPE

London, U.K. (JFK+50) General Dwight D. Eisenhower was named Commander of all United States forces in the European war theater 72 years ago today, June 25, 1942.

Eisenhower, a graduate of West Point, served as an assistant to General Douglas MacArthur in the Philippines.

As European commander, General Eisenhower would be directly involved in the planning and execution of military strategy to liberate the continent from Axis control.

General Dwight D. Eisenhower

U.S. Signal Corps Photo

BIBLE READING IN SCHOOLS RULED UNCONSTITUTIONAL 50 YEARS AGO TODAY

June 17, 2013

SCHOOL BIBLE READING RULED UNCONSTITUTIONAL 50 YEARS AGO TODAY

The United States Supreme Court ruled 50 years ago today, June 17, 1963, that school sponsored Bible reading is unconstitutional.

The 8 to 1 ruling came in the case of Abington School District v. Schempp which challenged Bible reading over the school intercom as a violation of rights under the FIRST AMENDMENT* to the United States Constitution.

*The 1st Amendment's "Establishment Clause" reads...
"Congress shall make no law respecting an establishment of religion."  

Supreme Court decisions of 1962 and 1963 rejected arguments that the 1st Amendment was meant to forbid only governmental preference of one faith.

 United States Supreme Court Building
                    Washington, D.C.
          Photo by John White (2011)

Edward Schempp, a Unitarian Universalist living in Abington, Pennsylvania, filed a lawsuit in District Court claiming a Pennsylvania state law requiring his child to hear and read parts of the Bible in public school violated his 1st Amendment rights.

The District Court ruled in favor of Schempp but the Abington School District filed an appeal.  In the end, the United States Supreme Court upheld the decision of the lower court.

Justice Tom Clark** wrote in regard to religious freedom...

"It has long been recognized that government must be neutral and while protecting all, must prefer none and disparage none."

Justice Tom C. Clark

Photo by Frank Wolfe (1967)

LBJ Library

**Thomas C. Clark (1899-1977) was born in Dallas, Texas and graduated from the University of Texas School of Law in 1922.  He served as US Attorney General from 1945 to 1949 and Associate Supreme Court Judge from 1949 to 1967.

Justice Clark was appointed to the high court by President Truman who later regretted his action.  Truman called it "my biggest mistake."  He was upset that Clark had voted to strike down his seizure of steel mills during a strike in 1952.

Justice Clark resigned from the Court in 1967 when LBJ appointed his son, Ramsey Clark, Attorney General.

The only dissenting vote in Abington v. Schempp came from Justice Potter Stewart*** who wrote...

"If religious exercises are held to be an impermissible activity in schools, religion is placed in an artificial and state-created disadvantage...and refusal to permit religious exercises thus is seen...as the establishment of a religion of secularism."

***Potter Stewart (1915-1985), appointed by President Eisenhower, served as associate judge of the Supreme Court from 1958 to 1981.  He was born in Jackson, Michigan and was a graduate of Yale University (1937) and Yale Law School (1941).  He served in WWII.  Justice Stewart is buried in Arlington National Cemetery.

                        Justice Potter Stewart
                United States Supreme Court
             Library of Congress Image (1976)

The Rev. Billy Graham agreed with Justice Stewart and disagreed with the majority opinion of the court.  He said...

"80% of the American people want Bible reading and prayer in the schools.  Why should a majority be so severely penalized?"

The 1963 Supreme Court decision followed a decision in 1962 in the case of Engel v. Vitale where the Court ruled that...

"It is no part of the official business of government to compose official prayers for any group of American people to recite."

Justice Potter had also dissented in that decision.


President Kennedy's View on the 1962 Supreme Court Decision on Prayer in Schools

In response to the 1962 Supreme Court ruling in Engel v. Vitale that prayer in schools is unconstitutional, President John F. Kennedy was asked the following question at his news conference of June 27, 1962:

In the furor over the Supreme Court decision on prayer in schools....can you give us your opinion?

The President responded:

"I think...that we support Supreme Court decisions even when we may not agree with them.  In addition, we have....a very easy remedy, and that is to pray a good deal more at home....and....make the true meaning of prayer much more important in the lives of all of our children."

JFK+50 NOTE

In his July and August 1963 press conferences in the aftermath of the Abington v. Schempp decision, President Kennedy made no comment about the decision nor was he asked to do so by the press.