Legal Opinion

Johns v. Allen

District Court, D. Delaware

Decided July 16, 1964No. Civ. A. 2735PublishedCited by 7 opinions

1Opinion of the Court

BIGGS, Circuit Judge.

The plaintiffs, who are Protestants, by their complaints, evidence and arguments attack §§ 4101-4103, 14 Del.C., as unconstitutional. The plaintiffs seek to enjoin the reading of five verses of the Holy Bible and the recital of the Lord’s Prayer in unison by the pupils in the public schools of Delaware on every school day. The defendants assert numerous defenses. We will discuss only those which we deem to merit consideration.

Having in mind the principles enunciated by the Supreme Court in Abington School District v. Schempp, 374 U.S. 203, 83 S.Ct. 1560, 10 L.Ed.2d 844…

2Cases cited14 opinions

  1. Abington School Dist. v. SchemppSupreme Court of the United States · 1963
  2. Zorach v. ClausonSupreme Court of the United States · 1952
  3. Engel v. VitaleSupreme Court of the United States · 1962
  4. Samuel Bailey v. Joe T. PattersonSupreme Court of the United States · 1962
  5. Phillips v. United StatesSupreme Court of the United States · 1941

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3Cited by7 opinions

  1. Maule v. Independent School District No. 9Supreme Court of Oklahoma · 1985
  2. Entertainment Ventures, Inc. v. BrewerDistrict Court, M.D. Alabama · 1969
  3. Miller v. SmithDistrict Court, E.D. Pennsylvania · 1965
  4. France v. SOUTHERN EQUIPMENT CO.West Virginia Supreme Court · 2010
  5. Mullin v. Sussex CountyDistrict Court, D. Delaware · 2012

2 more not listed; retrieve them via the Exa API.

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