John M. Harlan II

“ I concur in so much of the Court's opinion as holds that the Arkansas statute constitutes an ‘establishment of religion’ forbidden to the States by the Fourteenth Amendment. I do not understand, however, why the Court finds it necessary to explore at length appellants' contentions that the statute is unconstitutionally vague and that it interferes with free speech, only to conclude that these issues need not be decided in this case. ”