GPO-CONAN-2017-10-15.pdf

Ing his occupation while the private school

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ing his occupation, while the private school plaintiffs in Pierce were threatened with destruction of their businesses and the values of their properties. 542 Yet in both cases the Court also permitted the plaintiffs to represent the interests of parents and children in the assertion of other noneconomic forms of “liberty.” “Without doubt,” Justice McReynolds said in Meyer , liberty “de- notes not merely freedom from bodily restraint but also the right of the individual to contract, to engage in any of the common occu- pations of life, to acquire useful knowledge, to marry, establish a home and bring up children, to worship God according to the dic- tates of his own conscience, and generally to enjoy those privileges long recognized at common law as essential to the orderly pursuit of happiness by free men.” 543 The right of the parents to have their children instructed in a foreign language was “within the liberty of the [Fourteenth] Amendment.” 544 Meyer was then relied on in Pierce to assert that the statute there “unreasonably interferes with the 539 See Olmstead v. United States, 277 U.S. 438 (1928) (Brandeis, J., dissent- ing) (arguing against the admissibility in criminal trials of secretly taped telephone conversations). In Olmstead , Justice Brandeis wrote: “The makers of our Constitu- tion undertook to secure conditions favorable to the pursuit of happiness . . . . They sought to protect Americans in their beliefs, their thoughts, their emotions and their sensations. They conferred, as against the Government, the right to be let alone— the most comprehensive of rights and the right most valued by civilized men. To protect that right, every unjustifiable intrusion by the government upon the privacy of the individual, whatever the means employed, must be deemed a violation of the Fourth Amendment.” 277 U.S. at 478. 540 262 U.S. 390 (1923). Justices Holmes and Sutherland entered a dissent, ap- plicable to Meyer , in Bartels v. Iowa, 262 U.S. 404, 412 (1923). 541 268 U.S. 510 (1925). 542 Meyer v. Nebraska, 262 U.S. 390, 400 (1923); Pierce v. Society of Sisters, 268 U.S. 510, 531, 533, 534 (1928). The Court has subsequently made clear that these cases dealt with “a complete prohibition of the right to engage in a calling,” holding that “a brief interruption” did not constitute a constitutional violation. Conn v. Gabbert, 526 U.S. 286, 292 (1999) (search warrant served on attorney prevented attorney from assisting client appearing before a grand jury). 543 262 U.S. at 399. 544 262 U.S. at 400. 1933 AMENDMENT 14—RIGHTS GUARANTEED
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liberty of parents and guardians to direct the upbringing and edu- cation of children under their control . . . . The child is not the mere creature of the State; those who nurture him and direct his destiny have the right, coupled with the high duty, to recognize and pre- pare him for additional obligations.” 545 Although the Supreme Court continued to define noneconomic liberty broadly in dicta , 546 this new concept was to have little im- pact for decades.
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