Minersville School District. Bd. Of Ed. Of Minversville School District V. Gobitis

Minersville School District. Bd. Of Ed. Of Minersville School District v. Gobitis

310 U.S. 586 (1940)

FACTS: Two Jehovah's witnesses aged 12 and 10, Lillian Gobitis and William Gobitis respectively had been expelled from Minersville public schools for refusing to salute to the flag as required by the Minersville School Board policy. The Gobitis children were faced with possible criminal prosecution for truancy. The District Court and the court of Appeals found the mandatory flag salute unconstitutional.

ISSUE: Violating the free exercise of religion clause of the first amendment which requires the student to salute the flag over the students' conscientious religious objections.

REASONING: Frankfurter brings up that they question religious freedom. The First Amendment states that you cannot establish a state religion. The reason they have the flag salute is because they're trying to talk about the national Unity and they are defending natitonal unity which entails national security. Anyone who does not participate in their flag salute are against national unity, which is a threat to their national security. The reason that school authorities make kids participate in their flag salute is so that they can give them a different perspective

than what their parents give them in the direction of national unity.

DECISION: The decision was reversed.

RULE: The school does not violate the free excerise of religion clause under the First Amendment.

DECENTING: The law is doing more than surpressing freedom of speech and religion, its trying to coherse children into expressing a sentiment in which they do not believe, in this case it violates their religious belief. The guarantee of personal