Meyer V. Nebraska - Dissent

Dissent

Justices Oliver Wendell Holmes and George Sutherland dissented. Their dissenting opinion, written by Holmes, is found in the companion case of Bartels v. State of Iowa. Holmes wrote that he differed with the majority "with hesitation and unwillingness" because he thought the law did not impose an undue restriction on the liberty of the teacher since it was not arbitrary, was limited in its application to the teaching of children, and the State had areas where many children might hear only a language other than English spoken at home. "I think I appreciate the objection to the law, but it appears to me to present a question upon which men reasonably might differ and therefore I am unable to say the Constitution of the United States prevents the experiment being tried."

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