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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.