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FARRINGTON V. TOKUSHIGE, 273 U. S. 284 (1927)

U.S. Supreme Court

Farrington v. Tokushige, 273 U.S. 284 (1927)

Farrington v. Tokushige

No. 465

Argued January 21, 1927

Decided February 21, 1927

273 U.S. 284


1. Acts of the legislature of Hawaii "relating to foreign language schools and the teachers thereof," and regulations adopted thereunder

Page 273 U. S. 285

by the Department of Public Instruction, taken as a whole, appear to infringe right, under the Fifth Amendment, of owners of private Japanese schools, and the parents of children attending them, and, in granting an interlocutory injunction against enforcement of the Acts and regulations, the United States District Court of Hawaii did not abuse its discretion. P. 273 U. S. 298.

2. Upon the present record and argument, the Court cannot undertake to consider the constitutional validity of the provisions separately. P. 273 U. S. 298.

3. The due process clause of the Fifth Amendment affords the same protection to fundamental rights of private school owners, parents, and children against invasion by the Federal government and its agencies (such as a territorial legislature) as it has been held the Fourteenth Amendment afford against action by a state. P. 273 U. S. 299.

11 F.2d 710 affirmed.

Certiorari (post, p. 677) to a decree of the circuit court of appeals which affirmed an interlocutory decree of the United States District Court of Hawaii enjoining the Governor, Attorney General, and Superintendent of Public Instruction of the Territory from enforcing the provisions of the Hawaiian Foreign Language School Law, and regulations. The plaintiffs were members of numerous voluntary associations conducting foreign language schools for instruction of Japanese children.

Page 273 U. S. 290

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