DOC 2 Study Guide - Final Guide: Fourteenth Amendment To The United States Constitution, Bellamy Salute, Free Speech Movement

92 views18 pages
School
Course

Document Summary

Related reading: minersville school district v. gobitis, opinion of the court. 5 states before wwi had it, after wwi, a lot more states adopted it as compulsory to instill patriotism. Jehovah witness: flag salute is a worship of false god. School district: if a student in public school does not salute to the flag, he/she will be expelled. Authority over school is a state power over health, public safety, and education given by the. The due process has been violated because the state cannot deprive citizens of their life and liberty without the due process of law. Judge maris from federal district court: refusal of the children to salute to the flag does not harm the other children (mill"s argument) Whether authority of the government can overrule the liberty of the individuals to exercise their religious freedom. Reverses in 8-1 in favor of the school board whether it undermine the authority of the government.