America 's Rights Of Freedom Of Speech Essay

1024 Words Feb 13th, 2016 5 Pages
On October 22, 1935, William Gobitis and Lillian Gobitis, students of Minersville School, had declined to salute to the American flag. They were Jehovah Witnesses and believed that such a gesture of respect for the flag was forbidden by Biblical commands. The superintendent of their school system sought to have the Board of Education pass a resolution requiring all students to salute the flag as daily exercises and stated that a student 's refusal to cooperate "shall be regarded as an act of insubordination and shall be dealt with accordingly" (Minersville School District v. Gobitis). They filed a case named, Minersville School District Versus Gobitis on the school and sued them for violation of their First Amendment rights. They won the case in the District Courts and were successful in suing the Board of Education, but the Supreme Court opposed to the decision on April 25, 1940. They believed the government needed the citizens to show respect to the flag as it is a symbol of the nation. The Supreme Court objected that the First Amendment rights of freedom of speech and free exercise did not protect the Gobitis children as the flag salute was symbolized as national unity.
The Supreme Court justices voted 8-1 on the case of the Gobitis children and they decided the amount of religious toleration that could be handled against national unity. According to Justice Frankfurter, the nation needed loyalty and the unity of all the people. Since saluting the flag was a…

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