1937 May 3

Flag Salute Controversy Begins: Gobitas Sues Minersville, PA, School Board


As the rest of the world headed toward World War II, patriot fervor swept the U.S., as it had before, during and after World War I. One expression of that movement involved state laws requiring public school students to salute the flag each morning. The Jehovah’s Witnesses, however, regarded saluting the flag as an expression of a commitment to a secular authority and unfaithfulness to God. As a result, some families had their children refuse to participate in the compulsory salute.

On this day, Walter Gobitas (the family name was misspelled as Gobitis in the court case) sued the Minersville, Pennsylvania, School Board, in a case that ended up in the Supreme Court. In Minersville School District v. Gobitis (June 3, 1940), the court upheld the compulsory salute. Many observers then and now have regarded Justice Felix Frankfurter’s opinion, which put primary emphasis on the need for national unity, as a terrible opinion with misplaced values. In a dramatic reversal three years later, however, the court ruled the compulsory flag salute unconstitutional in West Virginia v. Barnette on June 14, 1943). Many observers regard Justice Robert Jackson’s majority opinion as one of the most eloquent statements on the importance of freedom of conscience in a free society.

The flag-salute cases were only two of many cases involving the Jehovah’s Witnesses in which the Supreme Court established important new First Amendment law. See, for example, Cantwell v. Connecticut, May 20, 1940 (affirming the free exercise of religion), Cox v. New Hampshire, March 31, 1941 (establishing time, place, and manner limits on public protests, but disallowing restrictions based on the content of the protest); and Chaplinsky v. New Hampshire, March 9, 1942 (establishing the “fighting words” exception to the protection of free speech).

Learn more about the Jehovah’s Witnesses in the 1940s:

Read: Shawn Peters, Judging Jehovah’s Witnesses: Religious Persecution and the Dawn of the Rights Revolution (2000)

Find a Day

Abortion Rights ACLU african-americans Alice Paul anti-communism Anti-Communist Hysteria Birth Control Brown v. Board of Education Censorship CIA Civil Rights Civil Rights Act of 1964 Cold War Espionage Act FBI First Amendment Fourteenth Amendment freedom of speech Free Speech Gay Rights Hate Speech homosexuality Hoover, J. Edgar HUAC Japanese American Internment King, Dr. Martin Luther Ku Klux Klan Labor Unions Lesbian and Gay Rights Loyalty Oaths McCarthy, Sen. Joe New York Times Obscenity Police Misconduct Same-Sex Marriage Separation of Church and State Sex Discrimination Smith Act Spying Spying on Americans Vietnam War Voting Rights Voting Rights Act of 1965 War on Terror Watergate White House Women's Rights Women's Suffrage World War I World War II Relocation Camps


Tell Us What You Think

We want to hear your comments, criticisms and suggestions!