FERRELL ET AL.
v.
DALLAS INDEPENDENT SCHOOL DISTRICT ET AL.
Mr. Justice Douglas,
dissenting.
It comes as a surprise that in a country where the States are restrained by an Equal Protection Clause, a person can be denied education in a public school because of the length of his hair. I suppose that a nation bent on turning out robots might insist that every male have a crew cut and every female wear pigtails. But the ideas of “life, liberty, and the pursuit of happiness,” expressed in the Declaration of Independence, later found specific definition in the Constitution itself, including of course freedom of expression and a wide zone of privacy. I had supposed those guarantees permitted idiosyncrasies to flourish, especially when they concern the image of one’s personality and his philosophy toward government and his fellow men.
Municipalities furnish many services to their inhabitants; and I had supposed that it would be an invidious discrimination to withhold fire protection, police protection, garbage collection, health protection, and the like merely because a person was an offbeat nonconformist when it came to hairdo and dress as well as to diet, race, religion, or his views on Vietnam.
I would grant the petition for certiorari in this Texas case and put it down for argument.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By (26 total)
-
Conyers v. Glenn, 243 So. 2d 204 (Fla. 2d DCA 1971)…ttom of the ear.” . See 10 Encyclopaedia Britannica, Hairdressing (1970 ed.). . See Equal Justice Under Law: The Supreme Court in American Life, 1965. . Ferrell v. Dallas Independent School District, 5th Cir. 1968, 892 F. 2d 697, cert, den. 1968, 393 U.S. 856, 89 S.Ct. 98, 21 L.Ed.2d 125; Blackwell v. Issaquena County Board of Education, 5th Cir. 1966, 363 F. 2d 749. Cf. Burnside v. Byars, 5th Cir. 1966, 363 F. 2d 744. . Ferrell, see n. 4. Breen v. Kahl, 7th Cir. 1969, 419 F. 2d 1034, cert. den. 1970, 3…
-
Kelley v. Johnson, 425 U.S. 238 (U.S. 1976)…titutionality. See, e. g., King v. Saddleback Junior College Dist., 445 F. 2d 932 (CA9), cert. denied, 404 U. S. 979 (1971); Gfell v. Rickelman, 441 F. 2d 444 (CA6 1971); Ferrell v. Dallas Independent School Dist., 392 F. 2d 697 (CA5), cert. denied, 393 U. S. 856 (1968). Other cases have found similar regulations unconstitutional. See, e. g., Richards v. Thurston, 424 F. 2d 1281 (CA1 1970); Breen v. Kahl, 419 F. 2d 1034 (CA7 1969), cert. denied, 398 U. S. 937 (1970). None of the cases, however, have indi…
-
Chesley Karr v. Schmidt, 460 F.2d 609 (5th Cir. 1972)…ld continue to apply in this case, as we have in the past, the standards of Stevenson v. Board of Education of Wheeler County, 426 F. 2d 1154 (5th Cir. 1970), and Ferrell v. Dallas Independent School District, 392 F. 2d 697 (5th Cir.), cert. denied, 393 U.S. 856, 89 S.Ct. 98, 21 L.Ed.2d 125 (1968). Under those standards, and Fed.R.Civ.P. Rule 52(a), we are required to affirm the District Court. Our duty to follow Rule 52(a) is no less stringent in the rare case — like this one — in which the district court…1 / 4
Previewing 3 of 26 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligence