PSCI 3322 Lecture Notes - Lecture 19: Minersville School District V. Gobitis, Symbolic Speech, Abe Fortas
25 Jan 2017
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Document Summary
West virginia state board education v. barnette, 1943. Students did not want to stand for the pledge of allegiance. Hybrid case: two constitutional rights involved: free speech and free exercise of religion. Black agrees with jackson: black is a literalist, saluting the flag isn"t speaking . Because in black"s mind this isn"t a free speech case but a free exercise of religion case: rehear gobitis through barnette and correct the mistake. Frankfurter says that the country"s desire to teach patriotism: he was jewish, he says he"s sensitive to the feelings/rights of the jehova"s witnesses. Families were charged and parents were arrested for their contribution to their child"s delinquency. Barnette reverses minersville school district v. gobitis, 1940: new justices - hughes to stone as chief, jackson replaces stone, Mcreynolds to byrnes and byrnes to rutledge: hostility toward jehovah"s witness - recognition they were really being mistreated, change of heart of 3 justices.
