Minersville School District v. Gobitis

Media Items
Case Basics
Docket No.: 
690
Petitioner: 
Minersville School District
Respondent: 
Gobitis
Decided By: 
Hughes Court (1940-1941)
Opinion: 
310 U.S. 586 (1940)
Categories: 
children, freedom of religion, first amendment, education
Location No location information present.

Cite this page
The Oyez Project, Minersville School District v. Gobitis , 310 U.S. 586 (1940)
available at: (http://oyez.org/cases/1901-1939/1939/1939_690)
Facts of the Case: 

Lillian and William Gobitis were expelled from the public schools of Minersville, Pennsylvania, for refusing to salute the flag as part of a daily school exercise. The Gobitis children were Jehovah's Witnesses; they believed that such a gesture of respect for the flag was forbidden by Biblical commands.

Question: 

Did the mandatory flag salute infringe upon liberties protected by the First and Fourteenth Amendments?

Conclusion: 

No. In an 8-to-1 decision, the Court declined to make itself "the school board for the country" and upheld the mandatory flag salute. The Court held that the state's interest in "national cohesion" was "inferior to none in the hierarchy of legal values" and that national unity was "the basis of national security." The flag, the Court found, was an important symbol of national unity and could be a part of legislative initiatives designed "to promote in the minds of children who attend the common schools an attachment to the institutions of their country."

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