First Amendment topicsAbout the First Amendment
 
Stone v. Graham (1980)  [Findlaw]

Secondary Link Stone v. Graham  [Legal Information Institute]
Decided 11/17/1980
Supreme Court Vote 5-4
Note Petition for rehearing Denied January 12, 1981
Supreme Court Ruling State posting law ruled violative of the Establishment Clause of the First Amendment as applied to the states by the Fourteenth Amendment.
 
IssueWhether a state requiring the posting of a copy of the Ten Commandments, purchased with private contributions, on the wall of each public classroom in the state violates the Establishment Clause of the First Amendment.
 
Case Summary & Additional Resources
Majority Opinion Per Curiam
Dissenting Opinion Rehnquist, J., / Burger, C.J. & Blackmun, J. (they would grant certiorari and give this case plenary consideration); Stewart, J. (dissents from the Court's summary reversal of the courts of Kentucky)
Lower Court Kentucky Supreme Court
Lower Court Ruling first amend. claim denied
News
Fred Barbash, "Law on Ten Commandments Rejected; Supreme Court Rejects Law On Posting Commandments," Washington Post, November 18, 1980, A-1
Linda Greenhouse, "Law Putting 10 Commandments in Schools Is Overturned; Desirability Not Considered Quaker,Jew and Nonbeliever Immunity Ruling Open Trials Adoptive Father," NYT, November 18, 1980, A-18
Other
Chemerinsky, Erwin, CONSTITUTIONAL LAW (2nd ed, 2002), pp. 1160, 1177
First Amendment Schools summary of case

Tribe, Laurence, AMERICAN CONSTITUTIONAL LAW (2nd ed., 1988), pp. 1207, 09, 13, 88, 94
Witte, Jr., John, RELIGION & THE AMERICAN CONSTITUTIONAL EXPERIMENT (2000), pp. 168-169
 SEARCH MORE
About this site
About the First Amendment
About the First Amendment Center
Video/RSS/podcasts
First Amendment programs
State of the First Amendment
reports

First Reports
Supreme Court
Experts
Columnists
First Amendment publications
First Amendment Center history
Glossary
Freedom Sings™
Events
First Amendment
Schools

Congressional Research Service reports
Guest editorials
FOI material
The First Amendment
Library

Lesson plans
freedomforum.org
Newseum
Contact us
Privacy statement
Related links