Minersville School District v. Gobitis
Read the full opinion on CourtListener · The case as printed (Library of Congress)
Overruled
- Overruled by West Virginia State Board of Education v. Barnette (1943)suggested link
Source: Constitution of the United States of America: Analysis and Interpretation (2022 ed.), Table of Supreme Court Decisions Overruled by Subsequent Decisions, p. 2447: West Virginia State Board of Education v. Barnette, 319 U.S. 624 (1943) — Minersville School District v. Gobitis, 310 U.S. 586 (1940).
Syllabus
The syllabus is prepared by the Reporter of Decisions and is not part of the opinion of the Court. It is shown as printed in the United States Reports, read from the text layer of the Library of Congress scan (optical character recognition in older volumes, not yet checked word by word against the page).
1. A state regulation requiring that pupils in the public schools, on pain of expulsion, participate in a daily ceremony of saluting the national flag, whilst reciting in unison a pledge of allegiance to it -"and to the Republic for which it stands; one Nation indivisible, with liberty and justice for all"-held withiii the scope of legislative power, and consistent with the. Fourteenth Amendment, aa applied to children brought up in, and entertaining, a conscientious religious belief that such obeisance to the flag is forbidden by the Bible and that the Bible, as the Word of God, is the supreme authority. P. 591.
Printed on p. 586 of the United States Reports, read from the text layer of the Library of Congress scan. View the page image
2. Religious c6nvictions do not relieve the individual from obedience to an otherwise valid general law not aimed at the promotion or * restriction of religious beliefs. P. 594.
Printed on p. 586 of the United States Reports, read from the text layer of the Library of Congress scan. View the page image
3. So far as the Federal Constitution is concerned, it is within the province of the legislatures and school authorities of- the several States to adopt appropriate means to evoke and foster a sentiment of national unity among the children in the public schools. P. 597.
Printed on p. 586 of the United States Reports, read from the text layer of the Library of Congress scan. View the page image
4. This Court can not exercise censorship over the conviction of legislatures that a. particular program or exercise will best promote in the minds of children who attend the common schools an attachment to the institutions of their country, nor overrule the local judgment against granting exemptions from observdnce of such a program. P. 598.
Printed on p. 586 of the United States Reports, read from the text layer of the Library of Congress scan. View the page image
108 F. 2d 683, reversed.
Printed on p. 586 of the United States Reports, read from the text layer of the Library of Congress scan. View the page image
Provisions
The Constitution Annotated's essays on these provisions cite this case.
- Amendment Isuggested link
Source: Constitution of the United States of America: Analysis and Interpretation (2022 ed.), essays Amdt1.4.3.1, Amdt1.7.12.2, pp. 1374, 1512.
Why it is here
The library's first set of cases is chosen by fixed rules from the Constitution Annotated (2022), which cites this case as “Minersville School District v. Gobitis, 310 U.S. 586 (1940)”:
- overruled by West Virginia State Board of Education v. Barnette (table of overruled decisions)