Norwood v. Harrison, 413 U.S. 455 (1973) PDF

Preview

Summary

Case Study...

Description

I. Case Title, Citation, and Year: Norwood v. Harrison United States Supreme Court 413 U.S. 455 (1973) II. Facts: The Norwoods (plaintiffs) were parents of four schoolchildren in Mississippi who filed a class action on behalf of students throughout Mississippi to challenge the constitutionality of a state textbook lending program. The program was established by Mississippi statute and required the state to purchase textbooks and lend them to students in both public and private schools without regard to whether any participating private school had racially discriminatory policies. The Norwood class action suit targeted Harrison (defendant), the Mississippi official tasked with administering the program, and other private school officials. A three-judge district court sustained the validity of the program, and the Norwoods appealed to the United States Supreme Court. III. Issue or Legal Questions Does the Equal Protection Clause require a state to provide the same financial assistance to private schools as it would to public schools without regard to whether the private schools engaged in discriminatory practices? IV. Holding and Decision No. The Equal Protection Clause does not require a state to provide the same financial assistance to private schools as it would to public schools without regard to whether the private schools engaged in discriminatory practices. The case does not raise any issues regarding the right of public schools to exist and operate according to discriminatory policies. The case turns on whether the Mississippi government’s funding of the book-lending program for private schools, regardless of their discriminatory policies, constitutes state action that is prohibited by the Fourteenth Amendment. Mississippi is not required by law to provide the same type of financial assistance to private schools as it does to public schools. Precedent cases consistently affirmed decisions enjoining state tuition grants to students attending racially discriminatory private schools. A textbook lending program is not legally distinguishable from such prohibited state tuition programs. If a private school using the program discriminates against students on the basis of race, the school’s actions are essentially state actions because the expense of the program is entirely borne by the state. Mississippi violated the Equal Protection Clause, and the decision of the district court is reversed. VI. Rule and/or Legal Test Established:

A state may not require a private group of citizens to include in a parade a group whose message the organizers do not wish to promote. The Equal Protection Clause does not require a state to provide the same financial assistance to private schools as it would to public schools without regard to whether the private schools engaged in discriminatory practices. VII. Reasoning: VIII. Key Cases Cited Which are NOT in the Record: IX. Ways in which the Facts to this Case are Similar to the Record: X. Ways in which the Facts to this Case are Different From the Record: XI. How does this case affect Petitioner? XII. How does this case affect Respondent?...