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  • Essay / Gobitis - 876

    Barnette, Frankfurter and Judicial ReviewThis article, written by Jeffrey Sutton, focuses on two Supreme Court cases that are considered "flag salute" cases, judicial review and interpretation of the first amendment. The two cases were Minersville School District v. Gobitis and West Virginia Board of Education v. Barnette. Both cases involved Jehovah's Witness children refusing to salute the flag at school and being expelled. The article takes the reader to the time when these cases were tried, that is, to the time of World War II in the United States, and it also takes the reader into the depths of life daily life of Jehovah's Witnesses during this period which was very necessary for understanding. of the article. The first case discussed was Minersville School District v. Gobitis. The background to this case is that two children, William and Lillian Gobitis, were attending school in the small town of Minersville, Pennsylvania. That city's school board required all teachers and students to recite the Pledge of Allegiance and salute the United States flag at the start of each school day. This was not really new since it had existed in schools since 1892. But in 1940, the commitment took on a whole new meaning with the Second World War taking place in Europe and Asia. The Jehovah's Witness community took issue with this because the entire practice went against their faith. In 1935, Joseph Rutherford, who was the leader of the Witnesses, gave a speech in which he encouraged his fellow Witness to refuse to participate in the practice of oaths and salvations, because according to him, the Word of God (the Bible) was the supreme authority. This being the middle of the paper, he descends on his Gobitis position instead of retreating. I do not agree with Frankfurt's position on this issue, but I admire its determination. The rest of the article is actually about Frankfurt's dissent and increased judicial scrutiny. The article ends with an interesting observation about Frankfurter saying that wisdom came to him, but it came late given that he found it when he had a huge role in Brown v. Board of Education. Overall, I think this was a very informative talk and useful article to read. This really gives some insight into the era in which both cases were decided. I find it very helpful when something I read makes me feel like I'm there in the story. This article did that and I found it to be a real pleasure to read, and it even had some amusing points. It's definitely one of the most enjoyable reads I've had during my academic career...