The Supreme Court reversed its earlier ruling and established that children could not be required to salute the flag in school ceremonies.
In the wake of the Supreme Court decision in Minersville School District v. Gobitis
It did not take long for members of the Jehovah’s Witnesses to challenge a compulsory flag salute law in West Virginia. The Court’s reversal occurred in record time. Just three years after the initial decision, the Court, by a vote of six to three, reversed Gobitis and overturned state laws mandating compulsory flag salutes. The Court did not use the religious speech theory of the Gobitis decision but instead regarded a refusal to salute as a form of speech, thereby anticipating the symbolic speech concept of later cases.
Brandenburg v. Ohio
Cohen v. California
Minersville School District v. Gobitis
O’Brien, United States v.
Religion, freedom of
Speech and press, freedom of
Texas v. Johnson
Tinker v. Des Moines Independent Community School District