'It was [Meyer v. Nebraska] that allowed the United States to establish itself as a beacon of freedom in a world that too often lets governments trample families,' William A. Estrada writes on the 100th anniversary of the case's oral arguments.
case started out with war. Just nine years before the decision, anarchist Gavrilo Princip assassinated Archduke Franz Ferdinand of Austria and his wife, Sophie, Duchess of Hohenberg — the first event in a chain of tragedies that plunged the nations into World War I.
The advent of war, however, precipitated a paroxysm of hostility toward German ethnicity. Although there was no reason to question the loyalty of most Americans of German ancestry, the government's crusade to inspire ‘100% Americanism’ and to portray the German nation as anti-democratic and barbarous inevitably inspired suspicion of German-Americans who retained distinctly Germanic customs.
Arthur Mullen was the lawyer who represented Meyer in his lawsuit and who, on this very day 100 years ago, argued before the nine justices of the Supreme Court. As he described it afterward,To little blue-eyed boys and flaxen-haired girls [Meyer] was recounting, as teachers have recounted for two thousand years, the tale of the bondage in Egypt, of the boy sold into slavery by his brothers and destined to become their savior in a time of their greatest need.
Meyer was arrested, convicted after a trial, and fined $25. And to the everlasting gratefulness of future generations and parents today, he appealed. He lost before theoverruled Meyer’s conviction in a 7-2 decision and struck down Nebraska’s law. The court’s decision was the first in a line of cases protecting parental rights as one of the highest rights in our constitutional system.
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