Home > Journals > Michigan Law Review > MLR > Volume 39 > Issue 1 (1940)
CONSTITUTIONAL LAW - DUE PROCESS - FREEDOM OF RELIGION AND CONSCIENCE - COMPULSORY FLAG SALUTE
The minor plaintiffs, aged twelve and thirteen, had been excluded from the public school because of repeated refusal to salute the national flag and recite the pledge of allegiance in accordance with an authorized order of the school board. They sought an injunction in the federal district court against such prohibition, alleging that the order violated the Fourteenth Amendment as an infringement on the free exercise of religion in that their beliefs forbade the revering of anything but God. The injunction was granted and the decree was affirmed by the circuit court of appeals. A writ of certiorari was granted by the Supreme Court. Held, that it was within the power of the state to promote the national unity as symbolized by the flag, and that reasonable means chosen to achieve this end would not be considered a violation of the freedom of religion and conscience which is protected against state action by the Fourteenth Amendment. Justice Stone dissented on the ground that since other methods consistent with individual liberty were available for promoting patriotism and national unity, the Court should invalidate the requirement of a flag salute as an unjustifiable infringement upon freedom of conscience. Minersville School District v. Gobitis, (U. S. 1940) 60 S. Ct. 1010.
William F. Andersen,
CONSTITUTIONAL LAW - DUE PROCESS - FREEDOM OF RELIGION AND CONSCIENCE - COMPULSORY FLAG SALUTE,
Mich. L. Rev.
Available at: https://repository.law.umich.edu/mlr/vol39/iss1/14