WestvirginiaVSbarnette breif

WestvirginiaVSbarnette breif - Ronak Rana Section 7 West...

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Ronak Rana Section 7 West Virginia State Board of Education et al. v. Barnette et al. 319 U.S. 624 FACTS : The Minersville School District v. Gobitis decision required all school districts to conduct courses in history, civics, and the Constitution and mandated the flag salute. Eventually this provoked negative attitudes towards Jehovah’s Witnesses, who were in opposition to this ruling. They started to get assaulted and threatened by other citizens and with the country being in a World War, people were very hostile. Eventually, 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 necessities of society and the school district. The flag salute is a symbol of national unity and helps bring the nation together as one.
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This document was uploaded on 10/26/2011 for the course LAWPOL 106 at Rutgers.

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WestvirginiaVSbarnette breif - Ronak Rana Section 7 West...

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