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West Virginia State Board of Education v. Barnette, 319 U.S. 624 (1943), is a landmark decision by the United States Supreme Court holding that the First Amendment protects students from being forced to salute the American flag or say the Pledge of Allegiance in public school.
Among the opinions Elman was involved in drafting during his clerkship was Frankfurter's dissent in the second Flag Salute case, West Virginia State Board of Education v. Barnette. [4] Elman and Frankfurter remained close friends; Elman would later recount that Frankfurter still regarded him as his clerk for years after Elman had joined the ...
In 1940, the Supreme Court decided in Minersville School District v. Gobitis that members of the Jehovah's Witnesses in a school could be required to salute the flag. The ruling in Gobitis, however, did not stand for long. In 1943, West Virginia State Board of Education v. Barnette, the Supreme Court essentially reversed its previous opinion.
Minersville School District v. Gobitis, 310 U.S. 586 (1940), was a decision by the Supreme Court of the United States restricting the religious rights of public school students under the First Amendment to the United States Constitution.
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Felix Frankfurter (November 15, 1882 – February 22, 1965) was an Austrian-born American jurist who served as an Associate Justice of the Supreme Court of the United States from 1939 until 1962, during which he was an advocate of judicial restraint. Frankfurter was born in Vienna, immigrating to New York City at the age of 12.
The Stone Court was less deferential in the area of civil liberties, striking down laws in cases such as Barnett, although Korematsu was a major exception to this trend. [2] Despite Roosevelt's appointment of seven of the nine justices (and the elevation of Stone), the justices held independent views and often found each other at odds in regard ...
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