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Essay / Research Paper Abstract
This 6 page paper examines this 1940 case involving Jehovah's Witnesses who claimed saluting the flag was in contradiction to their religious beliefs. The Barnette case, which later overturned Gobitis, is noted. The paper opposes Gobitis using Federalist arguments. Bibliography lists 3 sources.
Page Count:
6 pages (~225 words per page)
File: RT13_SA004Gob.rtf
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Unformatted sample text from the term paper:
air. So when a handful of school children refused to pledge to the flag in school, it became cause for concern. A student writing on this subject would want to
point out that patriotism was seen as being necessary in order to ensure the safety and viability of the country. That being said, in the 1940 Gobitis case that sanctioned
the rules and regulations of the school district, a serious mistake was made. With blinders on, the court overwhelmingly agreed that drumming up support for the nation was more important
than the rights of its citizens. Federalist arguments in fact support the notion that individual freedoms should supersede the governments desire to foster loyalty. In other words, loyalty to the
government should not be coerced. Further, the children involved were not being disloyal. They were not against the United States. They just wanted to be heard, or more accurately, not
to be heard. II. Minersville School District v. Gobitis A student writing on this subject will want to report the facts of the case before making an argument.
In 1940, the case of Minersville School District v. Gobitis addressed the problem of whether or not children should have to recite the Pledge of Allegiance (McWhirter PG). Generally, school
issues are difficult because the children are forced to comply with school policy. However, issues often surface if freedoms are trampled on. In the Gobitis case, a group of children
who were Jehovahs Witnesses refused to salute the flag as they explained their religion prohibited the worship of "graven images" (PG). In this case, eight of the nine
justices agreed that the children did not have the right under the Constitution to refuse to recite the Pledge of Allegiance (McWhirter PG). Justice Frankfurter wrote the majority opinion and
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