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Norwood v. Harrison
Seal of the United States Supreme Court.svg
Argued February 20–21, 1973
Decided June 25, 1973
Full case name Norwood, et al. v. Harrison, et al.
Citations 413 U.S. 455 (more)
93 S. Ct. 2804; 37 L. Ed. 2d 723; 1973 U.S. LEXIS 28
Prior history 340 F. Supp. 1003 (N.D. Miss. 1972); probable jurisdiction noted, 409 U.S. 839 (1972).
Subsequent history On remand, 382 F. Supp. 921 (N.D. Miss. 1974); attorneys' fees awarded, 410 F. Supp. 133 (N.D. Miss. 1976); affirmed, 581 F.2d 518 (5th Cir. 1978).
Holding
Private schools have the right to exist and to operate, but the State is not required by the Equal Protection Clause to provide assistance to private schools equivalent to that it provides to public schools without regard to whether the private schools discriminate on racial grounds.
Court membership
Case opinions
Majority Burger, joined by Stewart, White, Marshall, Blackmun, Powell, Rehnquist
Concurrence Douglas
Concurrence Brennan

Norwood v. Harrison, 413 U.S. 455 (1973), was an important case decided by the Supreme Court of the United States. The Court ruled that a state cannot give money or help to private schools that separate students based on their race. This decision helped make sure that states do not support schools that discriminate.

What the Case Was About

In the state of Mississippi, the government bought textbooks. These books were given for free to students. This happened in both public schools and private schools. A law from 1940 allowed this.

One of the schools getting these free textbooks was Tunica Academy. This school did not confirm that it allowed students of all races. It did not have a policy against racial discrimination.

The case first went to a lower court, the District Court. That court decided in favor of the state of Mississippi. Then, the case was sent to the Supreme Court. The Supreme Court heard arguments on February 20 and 21, 1973. A civil rights lawyer named Melvyn R. Leventhal argued the case.

The Supreme Court's Decision

The Supreme Court made a clear ruling. It said that a state cannot give or lend textbooks to students. This is true if those students go to a school that separates people by race. If the state helps such a school, it could be seen as the state itself supporting discrimination. This is called state action. Such actions would go against the Constitution.

Chief Justice Burger wrote the main opinion for the Court. Many other Justices agreed with him. These included Stewart, White, Marshall, Blackmun, Powell, and Rehnquist. Justices Douglas and Brennan also wrote opinions. They agreed with the main decision but had extra thoughts.

The Court explained that Mississippi did not have to give the same help to private schools as it gave to public schools. This was under the Equal Protection Clause of the Constitution. The Court said that the state must avoid giving money or help to schools that practice racism. It also applies to other unfair types of discrimination.

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