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Majority Opinion
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Frankfurter, J. (joined by McReynolds, J.) |
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Dissenting Opinion
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Stone, J. |
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Lower Court
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3rd Circuit |
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Lower Court Ruling
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Free Exercise Claim upheld. |
| Lawyers |
Messrs. George K. Gardner, Joseph F. Rutherford
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| Opinion - Lower Court |
Minersville School Dist et. al. v. Gobitis et. al., 108 F.2d 683 (C.A.3, 1939)
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| News |
"Court Backs Pupils Refusing Flag Salute: Federal Judge Cites Washington’s Views," New York Times, Nov. 11, 1939, pg. 17
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"Flag Salute Edictis Ruled Illegal: Philadelphia Federal Judge Orders School to Reinstate 2 Pupils Who Refused on Grounds of Religion. Court Holds Requirement to Perform Act Against Faith Is Unconstitutional," New York Times, Jun. 19, 1938, pg. 30
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"Flag Salute Order Upheld; School Board Backed in Expelling Children Who Refused to Obey Flag Salute Rule. Upheld Supreme Court Says Schools Have Right to Fix Regulations,"Los Angeles Times, Jun. 4, 1940, pg. 1
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"Flag Salute Rule Declared Invalid; Federal Judge Says School Authorities Cannot Expel Children for Refusing," New York Times, Dec. 2, 1937, pg. 1
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"Oath at Issue; Court to Decide on Salute to Flag," The Washington Post, Mar. 5, 1940, pg. 24
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"Plan Salute Ruling Right; Minersville School Board Aims to Appeal Maris’s Decisions," New York Times, Dec. 3, 1937, pg. 1
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"Required Flag Salute Likened to Nazism; Brief in Supreme Court Assails Appeal by School Board," New York Times, Apr. 13, 1940, pg. 6
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Blue, Jon C., "One Nation, Divisible, With Liberty for None," New York Times, Sep. 2, 1988, sect. A, pg. 27
|
Dershowitz, Alan M., "The Source of Justice in the Mind of a Justice; Frankfurter Author’s Query," New York Times, Feb. 22, 1981, sect. BR, pg. 4
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Hechinger, Fred M., "Yes for Standing Silent; Flag Oath," New York Times, Nov. 19, 1972, sect. E, pg. 7
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Hechinger, Fred, "Right to Remain Silent Upheld; Flag Pledge Under Debate," Chicago Tribune, Nov. 23, 1972
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Margolick, David, "Pledge Dispute Evokes Bitter Memories of 30’s," New York Times, Sep. 11, 1988, pg. 1
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Waltz, Jon R., "Advise and Dissent: Prophets with Honor: Great Dissents and Great Dissenters in the Supreme Court," The Washington Post, Aug. 4, 1974, pg. 173
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Witte, John, Jr., RELIGION AND THE AMERICAN CONSTITUTIONAL EXPERIMENT (2000), pp. 131, 136
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| Other |
Wiecek, William M., THE BIRTH OF THE MODERN CONSTITUTION: THE UNITED STATES SUPREME COURT, 1941-1953 (Holmes Devise, vol. XII, 2006), pp. 220-228
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Overruled By
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West Virginia State Board of Education v. Barnette
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