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Epperson v. Arkansas

393 U.S. 97 · Decided November 17, 1968 · Supreme Court of the United States

Record summary. This page is generated from the Supreme Court Database’s coded data about the case. It describes who decided what, not the Court’s reasoning. Read the opinion itself before relying on it. Not legal advice.

At a glance

Epperson v. Arkansas was decided on November 17, 1968 unanimously (9–0). The Court reversed the lower court's decision. Justice Abe Fortas wrote the opinion of the Court. SCDB classifies its main issue as “Establishment of religion” in the First Amendment area. SCDB records that the Court declared a state or territorial law, regulation or constitutional provision unconstitutional.

Read the opinion

Case details

Citations
393 U.S. 97 · 89 S. Ct. 266 · 21 L. Ed. 2d 228 · 1968 U.S. LEXIS 328
Docket number
7
Decided
November 17, 1968
Argued
October 16, 1968
Court era
Warren Court
Decision type
Opinion of the Court (orally argued)
Disposition
Reversed
Outcome for petitioner
The petitioning party received a favorable disposition
Vote
9–0 (unanimous)
Majority opinion
Abe Fortas
Opinion assigned by
Earl Warren
How the case arrived
Appeal
Issue area
First Amendment
Legal provision
First Amendment (establishment of religion)
Type of law
Constitutional amendment
Held unconstitutional
A state or territorial law, regulation or constitutional provision
Decision direction (SCDB)
Liberal what this means

How the Justices voted

JusticeVoteSeparate writing
Justice Hugo L. BlackSpecial concurrenceWrote an opinion
Justice William O. DouglasMajority
Chief Justice Earl WarrenMajority
Justice John M. Harlan IISpecial concurrenceWrote an opinion
Justice William J. Brennan Jr.Majority
Justice Potter StewartSpecial concurrenceWrote an opinion
Justice Byron R. WhiteMajority
Justice Abe FortasMajorityWrote an opinion
Justice Thurgood MarshallMajority

Full case caption

Epperson et al. v. Arkansas

SCDB identifiers: case 1968-010, docket 1968-010-01.

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Source: Supreme Court Database, 2026 Release 01 (data file dated September 8, 2026). Imported into CaseTrail November 5, 2026. Coverage: decisions from the 1946 through 2025 Terms. Methodology · Report an error