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| Prince v. Massachusetts, No. 98,
SUPREME COURT OF THE UNITED STATES, January 31, 1944, Decided
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Overview: Appellant was convicted of violating the state child labor laws under Mass. Gen. Laws ch. 149, ¿¿ 80, 81. She appealed, arguing that ¿¿ 80and 81 contravened U.S. Const. amend. XIV by denying her freedom of religion and equal protection of the laws. The court noted that the state's authority over children's activities was broader than over like actions of adults. The court held that the State had the power to control the conduct of children with reference to street preaching. The court found that there were dangers in street preaching and selling the religious materials because that was not the primary purpose of the road. The court noted that parents could make martyrs out of themselves but not out of their children. The State had the right to protect the children against the dangers of preaching religion on the highway. The court also noted that the street was not the Jehovah's Witnesses' church because the public highways were not their religious property merely by their assertion. There was no denial of equal protection in excluding their children from doing on the public highways what no other children could do. The court's ruling was restricted to the facts of the case.
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| Korematsu v. United States, No. 22,
SUPREME COURT OF THE UNITED STATES, December 18, 1944, Decided
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Overview: Petitioner challenged the assumptions underlying the order and claimed that when the exclusion order was enacted, all danger of Japanese invasion of the exclusion area had disappeared. The U.S. Supreme Court held that the exclusion order under which petitioner was convicted was valid and, thus, upheld the conviction. Because the order curtailed the rights of a group based on national origin, the order was inherently suspect and rigid scrutiny was applied. The Court found that the exclusion order, like a previously upheld curfew order, was intended to prevent espionage and sabotage in threatened areas during war. The exclusion from such an area was closely related to the intent of the order. Moreover, the Court could not reject the judgment of the military and Congress that there were disloyal members of the population who constituted a menace to the national defense and safety. Compulsory exclusion of groups of citizens from their homes, except under circumstances of direst emergency and peril, was inconsistent with the basic governmental institutions. However, the Court held that the exclusion order was justified by the exigencies of war and the threat to national security.
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