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Justice [[Hugo Black]], known for his judicial hostility to [[religion]] and support of [[pornography]] as [[free speech]], wrote the opinion for the 6-1 Court.  Only Justice [[Potter Stewart]] dissented.  Justices [[Felix Frankfurter]] and [[Byron White]] recused themselves.

Justice [[Hugo Black]], known for his judicial hostility to [[religion]] and support of [[pornography]] as [[free speech]], wrote the opinion for the 6-1 Court.  Only Justice [[Potter Stewart]] dissented.  Justices [[Felix Frankfurter]] and [[Byron White]] recused themselves.

Justice Black's opinion was remarkable for citing only one precedent, establishing a modern record for lack of judicial authority.  His sole citation of precedent was to an opinion he himself had written, ''[[Everson v. Board of Education]]'', and it was for the purpose of referencing some historical material included in that decision rather than for its holding.

Justice Black's opinion was remarkable for citing only one [[precedent]], establishing a modern record for lack of judicial authority.  His sole citation of precedent was to an opinion he himself had written, ''[[Everson v. Board of Education]]'', and it was for the purpose of referencing some historical material included in that decision rather than for its holding.

   

   

Conservative legal scholars like Erwin Griswold, Dean of the Harvard Law School, criticized this ruling. Griswold said in a major speech that the Court had no authority to prohibit prayer in public school:<ref>''Washington Star'' (Mar. 3, 1963)</ref>

Conservative legal scholars like Erwin Griswold, Dean of the Harvard Law School, criticized this ruling. Griswold said in a major speech that the Court had no authority to prohibit prayer in public school:<ref>''Washington Star'' (Mar. 3, 1963)</ref>