Evening star., 1940-06-03

there can ultimately be no liberties,
civil or religious Gin this country.
To stigmatize legislative Judgment
IN providing for this universal
gesture Of respect for the symbol of
our national life in the setting of
the common school as lawless in
road on that freedom of conscience
which the Constitution protects
would amount to no less than the
pronouncement of pedagogical and
psychological dogma in field where
courts possess no marked and GER
tainly controlling competence. The
influences which help toward a
common feeling for the common
country are manifold. Some may
seem harsh and others no doubt
foolish. Surely, however, the ends
are legitimate"
Stones Dissenting Opinion.
In his dissent, Justice Stone said: ::
"The law which is thus sustained
Is unique in the history of Anglo
American legislation. 1t does more
than suppress freedom of speech
and more than prohibit the free
exercise of religion which conceiv-
ably are forbidden by the first
amendment and are violations of
the liberty guaranteed by the four
teenth. For by this law, the state
seeks to coerce these children to
express a sentiment which, as they
interpret it, they do not entertain
and which violates their deepest re-
ligious convictions"
"We are dealing here with the
formative period in the development
of citizenship" said the court ma
jority. in upholding the salute.
Great diversity of psychological
and ethical opinion are expressed
among us concerning the best way
to train children for their place in
society. Because OF these differ
ences and because of reluctance to
permit a single, iron-cast system of
education to be imposed upon q Ma
tioq compounded of so many strains,
we have held that, even though pub
lie education is one of our most
cherished democratic institutions,
the Bill of Rights bars State from
compelling all children to attend
the public schools But it is a very
different thing for this court to ex-
ercise censorship over the convic-
ton Of Legislatures that a particu-
lar program or exercise will best pro-
mote in the minds Of children who
attend the common schools an at
tachment to the institutions of their
country"
Several Briefs Filed.
Responded Justice Stone:
History teaches us that there
have been but few infringements of
personal liberty by the state which
have not been justified, as they are
here, in the name of righteousness
and the public good and a few which
have not been directed, as they are
now, at politically helpless minor
tiles"
The committee on the Bill of
Rights of the American Bar Associa-
ton and the American Civil Liber-
ties Union filed briefs in the court in
support of the children. The re-
verse is the first that the Jehovah s
Witnesses have had in three cases
before the court in the present term.
In one instance. the religious Or
ganization was responsible for the
outlawing Of an Irvington, N. j.,
ordinance which required an official
premit as prerequisite for distri-
button Of their literature and in a
case in connecticut they were re-
sponsible for the voiding Of one
member who had been found guilty
Of disturbing the peace by playing
phonograph record attacking the
Catholic religion on a street in a
Catholic neighborhood in New Ha-
ven, Conn.