sample gobitis brief

sample gobitis brief - Student Name Sec. 12 Joseph Dwyer...

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Student Name Sec. 12 Joseph Dwyer © [This is not a Textbook that has been edited, revised, fact-checked, etc. Caveat Emptor !] Minersville School District. Bd. Of Ed. Of Minersville School District v. Gobitis. 310 US 586 (1940) FACTS 1 : Lillian and William Gobitis were expelled from the Minersville public schools for refusing to salute the US flag as required by the School Board. They refused to salute the flag, as Jehova’s Witnesses, on religious grounds. 2 The state also compelled school attendance and gave no compensation to attend private school. 3 The District Court and Court of Appeals found the mandatory flag salute unconstitutional, in favor of Gobitis. ISSUE: Does a mandatory flag salute in public education, even in the face of convictions that to do so is religiously impermissible, violate the freedom of religion protected in the 1 st Amendment (“establishment” and “free exercise”)? 4 REASONING 5 : Frankfurter: The issue is whether the mandatory flag salute violates the 1 st Amendment 6 which says, “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof;.
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sample gobitis brief - Student Name Sec. 12 Joseph Dwyer...

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