Meyer v. Nebraska, 262 U.S. 390
Mr. Justice McREYNOLDS delivered the opinion of the Court.
Plaintiff in error was tried and convicted in the district court for Hamilton county, Nebraska, under an information which charged that on May 25, 1920, while an instructor in Zion Parochial School he unlawfully taught the subject of reading in the German language to Raymond Parpart, a child of 10 years, who had not attained and successfully passed the eighth grade. The information is based upon 'An act relating to the teaching of foreign languages in the state of Nebraska,' approved April 9, 1919, which follows:
'Section 1. No person, individually or as a teacher, shall, in any private, denominational, parochial or public school, teach any subject to any person in any language than the English language.
'Sec. 2. Languages, other than the English language, may be taught as languages only after a pupil shall have attained and successfully passed the eighth grade as evidenced by a certificate of graduation issued by the county superintendent of the county in which the child resides.
'Sec. 3. Any person who violates any of the provisions of this act shall be deemed guilty of a misdemeanor and upon conviction, shall be subject to a fine of not less than twenty-five dollars ($25), nor more than one hundred dollars ($100), or be confined in the county jail for any period not exceeding thirty days for each offense.
'Sec. 4. Whereas, an emergency exists, this act shall be in force from and after its passage and approval.'
The Supreme Court of the state affirmed the judgment of conviction. ... The judgment of the court belo must be reversed and the cause remanded for further proceedings not inconsistent with this opinion.
Mr. Justice Holmes and Mr. Justice Sutherland, dissent.