Legal Opinion

Stein v. Oshinsky

District Court, E.D. New York

Decided December 20, 1963No. 63-C-260PublishedCited by 2 opinions

1Opinion of the Court

BRUCHHAUSEN, District Judge.

The infant plaintiffs seek a mandatory injunction, requiring the defendants to afford the plaintiffs an opportunity to express their love and affection to Almighty God each day through a prayer, voluntarily offered in their respective classrooms; an injunction, enjoining the defendants from interfering with the recitation of this prayer, and to declare such prayers constitutional. The defendants move to dismiss the complaint.

The facts indicate that the infant plaintiffs, students in P. S. 184, White-stone, New York, were precluded from reciting a prayer pursuant to…

2Cases cited10 opinions

  1. West Virginia State Board of Education v. BarnetteSupreme Court of the United States · 1943
  2. Abington School Dist. v. SchemppSupreme Court of the United States · 1963
  3. Church of the Holy Trinity v. United StatesSupreme Court of the United States · 1892
  4. Douglas v. City of JeannetteSupreme Court of the United States · 1943
  5. Zorach v. ClausonSupreme Court of the United States · 1952

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3Cited by2 opinions

  1. Stein v. OshinskyCourt of Appeals for the Second Circuit · 1965
  2. Stein v. OshinskyCourt of Appeals for the Second Circuit · 1965

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