Aguilar v. Felton

1985 United States Supreme Court case
Aguilar v. Felton
Argued December 5, 1984
Decided July 1, 1985
Full case nameAguilar, et al. v. Felton, et al.
Citations473 U.S. 402 (more)
105 S. Ct. 3232; 87 L. Ed. 2d 290; 1985 U.S. LEXIS 117
Holding
Title I of the Elementary and Secondary Education Act of 1965 remedial services could not be provided on the premises of a parochial school because doing so violated the First Amendment's Establishment Clause.
Court membership
Chief Justice
Warren E. Burger
Associate Justices
William J. Brennan Jr. · Byron White
Thurgood Marshall · Harry Blackmun
Lewis F. Powell Jr. · William Rehnquist
John P. Stevens · Sandra Day O'Connor
Case opinions
MajorityBrennan, joined by Marshall, Blackmun, Powell, Stevens
ConcurrencePowell
DissentBurger
DissentWhite
DissentRehnquist
DissentO'Connor, joined by Rehnquist (Parts II and III)
Laws applied
U.S. Const. amend. I
Overruled by
Agostini v. Felton (1997)

Aguilar v. Felton, 473 U.S. 402 (1985), was a United States Supreme Court case holding that New York City's program that sent public school teachers into parochial schools to provide remedial education to disadvantaged children pursuant to Title I of the Elementary and Secondary Education Act of 1965 necessitated an excessive entanglement of church and state and violated the Establishment Clause of the First Amendment to the United States Constitution.[1]

Aguilar v. Felton was subsequently overruled by Agostini v. Felton, 521 U.S. 203 (1997).

References

  1. ^ Bernstein, Nina (2001). The Lost Children of Wilder: The Epic Struggle to Change Foster Care. New York City: Vintage Books. pp. 358–359. ISBN 978-0-679-75834-1. OCLC 48994782.

Further reading

  • Pfeffer, Leo (1984). Religion, State and the Burger Court. Buffalo: Prometheus Books. ISBN 0-87975-275-0.
  • Young, S. M. (1986). "Lemon Reconstituted: Aguilar v. Felton and Public Aid to Parochial Schools". Northern Kentucky Law Review. 13: 317.

External links

  • Text of Aguilar v. Felton, 473 U.S. 402 (1985) is available from: CourtListener  Findlaw  Google Scholar  Justia  Oyez (oral argument audio) 
  • v
  • t
  • e
SchoolsSpecialized
high schools
The Bronx
Brooklyn
Manhattan
Queens
Staten Island
Chancellors
Unions
Labor unions
Parents union
Legal casesEvents
Sponsored
Not sponsored
Systems used
Technology based
Non-technology based
In pop culture
  • v
  • t
  • e
Public displays
and ceremonies
Statutory religious
exemptions
Public funding
Religion in
public schools
Private religious speech
Internal church affairs
Taxpayer standing
Blue laws
Other
Exclusion of religion
from public benefits
Ministerial exception
Statutory religious exemptions
RFRA
RLUIPA
Unprotected
speech
Incitement
and sedition
Libel and
false speech
Fighting words and
the heckler's veto
True threats
Obscenity
Speech integral
to criminal conduct
Strict scrutiny
Vagueness
Symbolic speech
versus conduct
Content-based
restrictions
Content-neutral
restrictions
In the
public forum
Designated
public forum
Nonpublic
forum
Compelled speech
Compelled subsidy
of others' speech
Compelled representation
Government grants
and subsidies
Government
as speaker
Loyalty oaths
School speech
Public employees
Hatch Act and
similar laws
Licensing and
restriction of speech
Commercial speech
Campaign finance
and political speech
Anonymous speech
State action
Official retaliation
Boycotts
Prisons
Prior restraints
and censorship
Privacy
Taxation and
privileges
Defamation
Broadcast media
Copyrighted materials
Incorporation
Protection from prosecution
and state restrictions
Organizations
Future Conduct
Solicitation
Membership restriction
Primaries and elections


Stub icon

This article related to the Supreme Court of the United States is a stub. You can help Wikipedia by expanding it.

  • v
  • t
  • e