Minersville School District Vs Gobitis Essay

In Minersville School District v. Gobitis 1940, the Court held, in an eight to one decision, that public school children can be compelled to stand and recite the Pledge of Allegiance while saluting the flag, despite the fact that, as Jehovah Witnesses, it was against their religious beliefs to do so. In West Virginia State Board of Education v. Barnett, 1943, also involving Jehovah Witnesses and the refusal to stand to salute the flag and recite the Pledge of Allegiance, the Court, in a six to three decision, reversed its ruling in Gobitis. The majority opinion in the Gobitis case was written by Justice Felix Frankfurter. Justice Robert Jackson wrote the majority opinion in the Barnett case. In this essay I will argue that the Court in Barnett was correct in overturning the decision in Gobitis.

Lillian Gobitis and her brother William were expelled from the public schools of Minersville, Pennsylvania for refusing to salute the flag.

Because attending school in the state was compulsory, they were forced to attend private schools, creating a financial burden for their father. The father brought a suit against the Board of Education on behalf of the children and himself. The lower Courts ruled that compelling the children to stand and salute the flag was unconstitutional. The Board of Education appealed the decision and the lower court’s ruling was overturned by the Supreme Court.
Justice Frankfurter wrote in his decision that the flag was a symbol of national unity and reciting the Pledge of Allegiance “advanced national unity” The school district’s interest in creating national unity was enough to allow them to require the student to salute the flag. He further stated that the Court should not be involved in issues concerning education policy and such matters should be left to the

state.
In 1942 following the Court’s decision in Gobitis, the West Virginia Board of Education ordered that all students and teachers be be required to participate in saluting the flag. Failure to do so would be considered an act of insubordination and result in expulsion and readmission would be denied until the statute is complied with. The appellees brought a suit in the United States District Court and won an injunction to restrain enforcement of theses laws and regulations against the Jehovah Witnesses. The West Virginia State Board of Education appealed the decision to the Supreme Court.
In reversing the decision in Gobitis, the Court held that compelling the children to recite the pledge was a violation of the free speech clause in the first amendment. Justice Jackson wrote in his opinion that “refusal of these persons to participate does not interfere with or deny the rights of others.” Justice Jackson rejected Justice Frankfurter’s opinion that the Court should not be involved with cases of this type but be left to ‘legislative assemblies rather than the judicial arena.’ Justice Jackson wrote that:
“One’s right to life, liberty, and property, to free speech, a free press, freedom of worship and assembly, and other fundamental rights may not be submitted to vote; they depend on the outcome of no elections.”

Justices Hugo Black and William O. Douglas, who originally agreed with the decision in the Gobitis case concurred with the decision in Barnette. They wrote that, “Neither our domestic tranquility in peace nor our martial effort in war depend on compelling little children to participate in a ceremony which ends in nothing for them but a fear of spiritual condemnation.”

Justice Frankfurter was wrong when he wrote that requiring students to pledge allegiance to the flag creates national unity. Coercion does not create national unity and infringes against the basic rights of all Americans. As Justices Black and Douglas wrote in the Barnette case in their concurring opinion, “Words under coercion are proof of loyalty to nothing, but self-interest.” Children in school should not be required to stand and pledge allegiance to the flag. Students should be allowed to follow their religious beliefs and should not be punished for doing so. Freedom of speech and religion are basic rights of all Americans and those who refuse to stand and salute the flag due to religious beliefs are not dishonoring America.