Farrington v. Tokushige | |
---|---|
Argued January 21, 1927 Decided February, 1927 | |
Full case name | Farrington, Governor, et al. v. T. Tokushige et al. |
Citations | 273
U.S.
284 (
more) 47 S. Ct. 406; 71
L. Ed. 646; 1927
U.S. LEXIS 699 |
Case history | |
Prior | Injunction granted, United States District Court for the District of Hawaii; affirmed, 11 F.2d 710 ( 9th Cir. 1926); cert. granted, 273 U.S. 677 (1926). |
Holding | |
The Territory of Hawaii's law, making it illegal for schools to teach foreign languages without a permit, violates the due process clauses of the Fifth Amendment and Fourteenth Amendment. | |
Court membership | |
| |
Case opinion | |
Majority | McReynolds, joined by unanimous |
Laws applied | |
Amendment V and Amendment XIV, Act 30, Special Session 1920, legislature of Hawaii |
Farrington v. Tokushige, 273 U.S. 284 (1927), was a case in which the Supreme Court of the United States unanimously struck down the Territory of Hawaii's law, making it illegal for schools to teach foreign languages without a permit, as it violated the due process clause of the Fifth Amendment. [1] 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.
The Court unanimously affirmed the lower court's decision:
The Court stated that "owners, parents and children" are guaranteed rights by the due process clause of the Fifth Amendment with reference to Meyer v. Nebraska, Bartels v. Iowa, and Pierce v. Society of Sisters.