Michael Phillips

The Forgotten Case That Protects Every Parent: Why Meyer v. Nebraska Still Matters

In a time when the state increasingly inserts itself into the lives of families—whether through schools, courts, or child protective agencies—few parents realize they’re protected by a nearly 100-year-old Supreme Court decision that laid the foundation for modern parental rights. That case is Meyer v. Nebraska, decided in 1923, and although it rarely grabs headlines today, its legacy is alive in every courtroom where a parent dares to say: “That’s my child, and I decide what’s best.”

Let’s explore what happened in that case, what it established, and why it may be the most important family court case you’ve never heard of.

The Case: What Was Meyer Really About?

On the surface, Meyer v. Nebraska was about language—specifically, the right to teach German in school.

After World War I, Nebraska passed a law banning the teaching of any foreign language before the eighth grade. The goal, as stated by state lawmakers, was to encourage “Americanization.” But Robert Meyer, a teacher at a Lutheran school, quietly continued to teach German to a student. He was caught and convicted of violating the law.

Rather than accept the conviction, Meyer fought it all the way to the Supreme Court. And in a 7–2 decision, the Court struck down the Nebraska law, holding that it violated the Due Process Clause of the 14th Amendment.

The Bigger Picture: Liberty Includes Parenting

What made Meyer so important wasn’t the German lesson—it was what the Court said about liberty.

Justice James C. McReynolds wrote that the word “liberty” in the 14th Amendment must be read broadly. It includes not just freedom from physical restraint, but also the right to:

“establish a home and bring up children and to control the education of their own.”

In other words, the Court recognized that parents have a fundamental constitutional right to direct their children’s upbringing—including education, language, and moral development.

This was a revolutionary idea for its time. Until then, the government was largely assumed to be the final authority over children’s education. But Meyer made clear that the family is the primary unit of society, and the state must tread lightly when interfering.

From German Lessons to Family Court Battles

Though Meyer was about language, its logic has been used in countless cases to defend the rights of parents across the country. In fact, it became the bedrock for future landmark decisions like:

  • Pierce v. Society of Sisters (1925) – striking down Oregon’s attempt to ban private schools
  • Troxel v. Granville (2000) – affirming a parent’s right to limit grandparent visitation
  • Santosky v. Kramer (1982) – requiring “clear and convincing” evidence before terminating parental rights

Every time a parent goes to court to resist government overreach—whether it’s about homeschooling, medical decisions, or child custody—they are standing on the shoulders of Meyer.

Why Parents Should Care—Especially Now

In today’s climate, parental rights are under renewed scrutiny. Across the political spectrum, parents are finding themselves:

  • Challenging school curricula they believe go too far (or not far enough)
  • Fighting for medical decision-making authority in the face of state mandates
  • Defending against child protective services investigations that begin with little or no evidence

In each case, the state assumes power over the child, and the parent must push back. That pushback is rooted in Meyer v. Nebraska.

This case reminds us that the Constitution does not stop at the schoolhouse gate or the family courtroom door. Parents are not state employees raising public property—they are individuals with rights, and their children are not wards of the government.

Conclusion: Liberty Begins at Home

Meyer v. Nebraska may have been about German verbs, but its legacy is pure American liberty. It established that parenting is not a government privilege but a fundamental right. It is not absolute—no right is—but it deserves the highest protection under law.

Whether you’re a mother challenging a custody order, a father fighting to access school records, or simply a parent trying to raise your child with your values, Meyer is your constitutional ally.

And in a world where the government continues to expand its reach into our homes, that old case from 1923 may be more important now than ever before.

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Know your rights. Guard your home. And remember: Liberty begins with you.

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