ion which is valid when adopted occasions no
forfeiture of the right to protest when that regulation subsequently
loses its validity by becoming confiscatory in its operation.[112]
"Liberty" in General
Definition.--"While * * * [the] Court has not attempted to
define with exactness the liberty thus guaranteed, the term has received
much consideration and some of the included things have been definitely
stated. Without doubt, it denotes not merely freedom from bodily
restraint but also right of the individual to contract, to engage in any
of the common occupations of life, to acquire useful knowledge, to
marry, establish a home and bring up children, to worship God according
to the dictates of his own conscience, and generally to enjoy those
privileges long recognized at common law as essential to the orderly
pursuit of happiness by free men."[113]
Personal Liberty: Compulsory Vaccination: Sexual
Sterilization.--Personal liberty is not infringed by a compulsory
vaccination law[114] enacted by a State or its local subdivisions
pursuant to the police power for the purpose of protecting inhabitants
against the spread of smallpox. "The principle that sustains compulsory
vaccination is [also] broad enough to cover" a statute providing for
sexual sterilization of inmates of State supported institutions who are
found to be afflicted with an hereditary form of insanity or
imbecility.[115] Equally constitutional is a statute which provides for
the commitment, after probate proceedings, of a psychopathic
personality, defined by the State court as including those persons who,
by habitual course of misconduct in sexual matters, have evidenced utter
lack of power to control their sexual impulses and are likely to commit
injury.[116] However, a person cannot be deprived of his liberty under a
vague statute which subjected to fine or imprisonment, as a "gangster,"
any one not engaged in any lawful occupation, known to be a member of a
gang consisting of two or more persons, and who had been convicted of a
crime in any State in the Union.[117]
Liberties Pertaining to Education (of Teachers, Parents,
Pupils).--A State law forbidding the teaching in any private
denominational, parochial, or public school, of any modern language,
other than English, to any child who has not successfully passed the
eighth grade was declared, in Meyer _v._ Nebraska[118] to be an
unconstitutional interference with the right of a foreign language
te
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