In this case, the school district's interest in creating national unity was more important than the rights of the students to refuse to salute the flag justice frankfurter noted that national unity is the basis of national security. The flag salute cases v judge clark’s opinion in minersville school dist v gobitis (1939), 70 letter from justice frankfurter to justice stone, may 27, 1940, 74 supreme court opinion in minersville school district vgobitis, 76 west virginia state board of education flag salute regulation, 83.
Until then, the first amendment had only been applied to congress and the federal government but the witnesses forced the court to consider a range of issues: mandatory flag salute, sedition, free speech, literature distribution and draft law these cases proved to be pivotal moments in the formation of constitutional law. The flag salute cases and the first amendment stephen w gard cleveland state university, law school llm, university of chicago 310 us 586 (1940) the flag salute cases have been a source of endless fascination for legal. Big-time legal talent came forward to argue against the flag-salute require-ment of the minersville school district george gardner of the harvard law school faculty was the leading advocate, and lawyers representing the ameri-can civil liberties union and the bill of rights committee of the american bar association filed supporting briefs.
Based on this case law, as it stands today, students who refuse to stand for the flag salute or the national anthem to make a political statement or act out of some discernible religious belief are exercising rights of free expression. Flag salute cases within a span of four years, the us supreme court took two different stands on whether disciplining students who refused to salute the american flag violated their first amendment rights of freedom of speech and religion.
After this change in their religious practice, jehovah’s witnesses began to face disciplinary actions in public schools across america in minersville school district v gobitis (1940), the court upheld the school district’s attempt to force students to salute the flag in west virginia state board of education, v. Barnette, 319 us 624 (1943), is a decision by the united states supreme court holding that the free speech clause of the first amendment protects students from being forced to salute the american flag or say the pledge of allegiance in public school.
Colin kaepernick and a landmark supreme court case the sisters had been punished for refusing to salute the flag and repeat the pledge of allegiance, something state law required of students. Flag salute cases within a span of four years, the us supreme court took two different stands on whether disciplining students who refused to salute the american flag violated their first amendment rights of freedom of speech and religion in minersville school district v.
Ment that school children engage in a hypocritical affirmation of belief1 unfortunately, the doctrinal importance of the opinions of justices jackson and frankfurter in the flag salute cases as contrasting statements on the interpretation of the freedom of speech guarantee of the first amendment'2 jones v.