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Tilton v. Richardson

Significance, Higher Education Act


Tilton, et al.


Richardson, U.S. Secretary of Health, Education, and Welfare, et al.

Appellant's Claim

Institutions receiving federal monies were sectarian, therefore under Higher Education Facilities Act, they should not get monies.

Chief Lawyer for Appellant

Leo Pfeffer

Chief Lawyer for Appellee

Daniel M. Friedman

Justices for the Court

Harry A. Blackmun, Warren E. Burger (writing for the Court), John Marshall Harlan II, Potter Stewart, Byron R. White

Justices Dissenting

Hugo Lafayette Black, William J. Brennan, Jr., William O. Douglas, Thurgood Marshall


Washington, D.C.

Date of Decision

28 June 1971


The Court ruled that money used for non-religious purposes did not violate the Establishment Clause. However, the Court did strike down the 20 year limitation.

Related Cases

  • Bradfield v. Roberts, 175 U.S. 291 (1899).
  • National Labor Relations Board v. Jones and Laughlin Steel Corp., 301 U.S. 1 (1937).
  • Everson v. Board of Education, 330 U.S. 1 (1947).
  • Abington School District v. Schempp, 374 U.S. 203 (1963).
  • Walz v. Tax Commission, 397 U.S. 664 (1970).


Wolanin, Thomas R. "A Primer on the Reauthorization of the Higher Education Act."Change, November/December 1997.

Further Readings

  • Biskupic, Joan, and Elder Witt, eds. Congressional Quarterly's Guide to the U.S. Supreme Court, 3rd ed. Washington, DC: Congressional Quarterly, Inc., 1996.
  • Chandler, Ralph C., Richard A. Enslen, and Peter G. Renstrom. The Constitutional Law Dictionary: The First Amendment, Volume 3, Santa Barbara: ABC-Clio, Inc., 1987.

Additional topics

Law Library - American Law and Legal InformationNotable Trials and Court Cases - 1963 to 1972