1890 Wisconsin Supreme Court case about religious instruction in public schools
State ex rel. Weiss v. District Board Seal of the Wisconsin Supreme Court
Court Wisconsin Supreme Court Full case name State ex rel. Weiss et al. v. District Board of School District No. Eight Decided March 18, 1890 Citation 76 Wis. 177 Appealed from Wisconsin Circuit Court for the 12th Judicial CircuitJudges sitting Readings from the Bible in public schools constitute sectarian instruction, in violation of Art. X, Sec. 3, and Art. I, Sec. 18, of the Constitution of Wisconsin Decision by Lyon Concurrence Cassoday, Orton
State ex rel. Weiss v. District Board , 76 Wis. 177 (1890), popularly known as the Edgerton Bible case , was an important court case involving religious instruction in public schools of the U.S. state of Wisconsin . The case was unanimously decided in favor of the appellants, and declared that the use of the King James Bible in Edgerton public schools was unconstitutional sectarian education.
In the early days of Edgerton, Wisconsin , it was common practice for public school teachers to read aloud to their students from the King James Bible . In 1886, Roman Catholic parents protested about that to the school board, citing their belief that the Douay version of the Bible was the only correct translation for their children.[ 1]
After failing to convince the school board to end the practice, the parents—Frederick Weiss, W. H. Morrissey, Thomas Mooney, James McBride, J. C. Burns, and John Corbett —took their case to court. In November 1888, the circuit court judge, John R. Bennett, decided that the readings were not sectarian because both translations were of the same work. The parents then appealed the decision to the Wisconsin Supreme Court .
In State ex rel Weiss v. District Board 76 Wis. 177 (1890), 3, otherwise known as the Edgerton Bible Case, the judges overruled the circuit court's decision by concluding that it illegally united the functions of church and state.[ 2]
In 1963, the United States Supreme Court banned government-sponsored compulsory prayer from public schools (see Abington School District v. Schempp ), and Justice William Brennan Jr. cited the Edgerton Bible case in his decision.[ 1] [ 3]
Public displays and ceremonies Statutory religious exemptions Public funding Religion in public schools Private religious speech Internal church affairs Taxpayer standing Blue laws Other
Unprotected speech
Incitement and sedition Defamation andfalse speech Fighting words and the heckler's veto True threats Obscenity Rosen v. United States (1896) United States v. One Book Called Ulysses (S.D.N.Y. 1933) Roth v. United States (1957) One, Inc. v. Olesen (1958) Smith v. California (1959) Marcus v. Search Warrant (1961) MANual Enterprises, Inc. v. Day (1962) Jacobellis v. Ohio (1964) Quantity of Books v. Kansas (1964) Ginzburg v. United States (1966) Memoirs v. Massachusetts (1966) Redrup v. New York (1967) Ginsberg v. New York (1968) Stanley v. Georgia (1969) United States v. Thirty-seven Photographs (1971) Kois v. Wisconsin (1972) Miller v. California (1973) Paris Adult Theatre I v. Slaton (1973) United States v. 12 200-ft. Reels of Film (1973) Jenkins v. Georgia (1974) Southeastern Promotions, Ltd. v. Conrad (1975) Erznoznik v. City of Jacksonville (1975) Young v. American Mini Theatres, Inc. (1976) Vance v. Universal Amusement Co., Inc. (1980) American Booksellers Ass'n, Inc. v. Hudnut (7th Cir. 1985) People v. Freeman (Cal. 1988) United States v. X-Citement Video, Inc. (1994) Reno v. ACLU (1997) United States v. Playboy Entertainment Group, Inc. (2000) City of Los Angeles v. Alameda Books, Inc. (2002) Ashcroft v. ACLU I (2002) United States v. American Library Ass'n (2003) Ashcroft v. ACLU II (2004) Nitke v. Gonzales (S.D.N.Y. 2005) United States v. Williams (2008) American Booksellers Foundation for Free Expression v. Strickland (6th Cir. 2009) United States v. Kilbride (9th Cir. 2009) United States v. Stevens (2010) Brown v. Entertainment Merchants Ass'n (2011) FCC v. Fox Television Stations, Inc. (2012) Free Speech Coalition v. Paxton (2025) Speech integral to criminal conduct
Strict scrutiny Overbreadth Vagueness Symbolic speech versus conductContent-based restrictions Content-neutral restrictions
Compelled speech Compelled subsidy of others' speech
Government grants and subsidies Government as speaker Loyalty oaths School speech Public employees Hatch Act and similar lawsLicensing and restriction of speech Commercial speech Valentine v. Chrestensen (1942) Rowan v. U.S. Post Office Dept. (1970) Pittsburgh Press Co. v. Pittsburgh Comm'n on Human Relations (1973) Lehman v. Shaker Heights (1974) Goldfarb v. Virginia State Bar (1975) Bigelow v. Virginia (1975) Virginia State Pharmacy Bd. v. Virginia Citizens Consumer Council (1976) Linmark Assoc., Inc. v. Township of Willingboro (1977) Carey v. Population Services International (1977) Bates v. State Bar of Arizona (1977) In re Primus (1978) Ohralik v. Ohio State Bar Association (1978) Friedman v. Rogers (1979) Consol. Edison Co. v. Public Serv. Comm'n (1980) Central Hudson Gas & Electric Corp. v. Public Service Commission (1980) Metromedia, Inc. v. San Diego (1981) In re R.M.J. (1982) Hoffman Estates v. The Flipside, Hoffman Estates, Inc. (1982) Zauderer v. Off. of Disciplinary Counsel of Supreme Court of Ohio (1985) Pacific Gas & Electric Co. v. Public Utilities Comm'n of California (1986) Posadas de Puerto Rico Assoc. v. Tourism Co. of Puerto Rico (1986) San Francisco Arts & Athletics, Inc. v. U.S. Olympic Committee (1987) Shapero v. Kentucky Bar Association (1988) Riley v. Nat'l Fed'n of the Blind (1988) State University of New York v. Fox (1989) Peel v. Attorney Registration and Disciplinary Commission of Illinois (1990) City of Cincinnati v. Discovery Network (1993) Edenfield v. Fane (1993) United States v. Edge Broadcasting Co. (1993) Ibanez v. Florida Dept. of Business and Professional Regulation, Bd. of Accountancy (1994) Lebron v. National Railroad Passenger Corp. (1995) Rubin v. Coors Brewing Co. (1995) Florida Bar v. Went For It, Inc. (1995) 44 Liquormart, Inc. v. Rhode Island (1996) Glickman v. Wileman Brothers & Elliot, Inc. (1997) Greater New Orleans Broadcasting Assn., Inc. v. United States (1999) Los Angeles Police Department v. United Reporting Publishing Co. (1999) United States v. United Foods Inc. (2001) Lorillard Tobacco Co. v. Reilly (2001) Thompson v. Western States Medical Center (2002) Nike, Inc. v. Kasky (2003) Johanns v. Livestock Marketing Ass'n (2005) Tennessee Secondary School Athletic Assn. v. Brentwood Academy (2007) Milavetz, Gallop & Milavetz, P.A. v. United States (2010) Jerman v. Carlisle, McNellie, Rini, Kramer & Ulrich LPA (2010) Sorrell v. IMS Health Inc. (2011) Expressions Hair Design v. Schneiderman (2017) Matal v. Tam (2017) Iancu v. Brunetti (2019) Barr v. American Association of Political Consultants (2020) Vidal v. Elster (2024) Campaign finance and political speechAnonymous speech State action Official retaliation Boycotts Prisons
Organizations Future Conduct Solicitation Membership restriction Primaries and elections