West Virginia State Board of Education v. Barnette · ¶84
I am fortified in my view of this case by the history of the flag salute controversy in this Court. Five times has the precise question now before us been adjudicated. Four times the Court unanimously found that the requirement of such a school exercise was not beyond the powers of the states. Indeed in the first three cases to come before the Court the constitutional claim now sustained was deemed so clearly unmeritorious that this Court dismissed the appeals for want of a substantial federal question. Leoles v. Landers, 302 U. S. 656; Hering v. State Board of Education, 303 U. S. 624; Gabrielli v. Knickerbocker, 306 U. S. 621. In the fourth case the judgment of the district court upholding the state law was summarily affirmed on the authority of the earlier cases. Johnson v. Deerfield, 306 U. S. 621. The fifth case, Minersville District v. Gobitis, 310 U. S. 586, was brought here…Read in context ›
U. S. Reports, bound volume
U. S. Reports, volume 319, at 624 (Library of Congress) · transcription: Caselaw Access Project
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