Breif of Gobitis

Breif of Gobitis - Ronak Rana Section 7 Minersville School...

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Ronak Rana Section 7 Minersville School District. Bd. Of Ed. Of Minersville School District v. Gobitis 310 U.S. 586 (1940) FACTS : 12 year old Lillian Gobitis and 10 years old William Gobitis are students at Minersville public schools. They are Jehovah’s’ witnesses and believe that gestures such as saluting the flag violates the commands of the Scripture. They were eventually expelled from the school for refusing to do so. They were then faced with criminal prosecution for truancy. The lower District and Appeals courts found the mandatory flag salute policy unconstitutional, therefore holding for Gobitis. ISSUE : Is it constitutional for the school board to mandate the saluting of the flag even if it violates the right of free exercise of religion in the first clause of the First Amendment? REASONING : Frankfurter. The First Amendment states that the state cannot establish a religion, therefore religious freedom is guaranteed to the citizens with free exercise of its faith. The problem that arises here is because the individual’s belief conflicts with the
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This document was uploaded on 10/26/2011 for the course LAWPOL 106 at Rutgers.

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Breif of Gobitis - Ronak Rana Section 7 Minersville School...

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