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Minersville School District v. Gobitis: Difference between revisions
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The school superintendent expels the 2 Gobitis school children for failing to salute the American flag. | The school superintendent expels the 2 Gobitis school children for failing to salute the American flag. | ||
|procedural_history=A legal counsel from the Jehovah's Witnesses group filed a lawsuit in federal district court on behalf of the Gobitis family. Gobitis contended that his '''free excercise clause''' and from from '''cruel & unusual punishment''' (under the 8th Amendment) had been violated. | |||
|holding=A mandatory flag salute is [[Constitution of the United States|constitutional]]. | |holding=A mandatory flag salute is [[Constitution of the United States|constitutional]]. | ||
|comments=''[[West Virginia v. Barnette]]'' (1943) overturns ''Gobitis''. | |comments=''[[West Virginia v. Barnette]]'' (1943) overturns ''Gobitis''. | ||
}} | }} |
Revision as of 20:09, February 2, 2023
Minersville School District v. Gobitis | |
Court | Supreme Court of the United States |
---|---|
Citation | |
Date decided | June 3, 1940 |
Overturned by | |
West Virginia v. Barnette |
Facts
Walter Gobitis was a Jehovah's Witness with two school children in the 1930s.
Minersville Area School District was a largely Roman Catholic town in Pennsylvania in the 1930s.
The school superintendent expels the 2 Gobitis school children for failing to salute the American flag.Procedural History
A legal counsel from the Jehovah's Witnesses group filed a lawsuit in federal district court on behalf of the Gobitis family. Gobitis contended that his free excercise clause and from from cruel & unusual punishment (under the 8th Amendment) had been violated.
Holding
A mandatory flag salute is constitutional.
Comments
West Virginia v. Barnette (1943) overturns Gobitis.