Norwood v. Harrison
[1] Textbooks were being purchased by the state of Mississippi and given to students for free in both public and private schools pursuant a statute passed in 1940.Among the schools with students receiving textbooks was Tunica Academy, which declined to attest that it had a racially non-discriminatory admissions policy.[2] The Supreme Court ruled that a state may not constitutionally give or lend textbooks to students who attend a school that discriminates on the basis of race,[3] otherwise the discriminatory conduct of the private school could be considered state action and would thus be in violation of the Constitution.[4] The opinion of the court was authored by Chief Justice Burger and was joined by Stewart, White, Marshall, Blackmun, Powell, and Rehnquist.[5] The Court said there was no need to make a finding on the State's intent because the program had the impermissible effect of aiding the "organization and continuation of a separate system of private schools which, under the District Court holding, may discriminate if they so desire.