Evening star., 1943-06-14
Supreme Court
Continued From First Page

nesses,' who have contended that
the flag salute violated that canon
Of their religious belief which pro-
hibits worshiping an image. What
is now required. Justice Jackson ex-
planned, is the stiff arm" salute in
which the saluter keeps the right
hand raised with palm turned up
while the pledge of allegiance to
the flag is repeated.
Child Is Expelled.
Failure to conform to the school
regulations. Justice jackson said is
characterization dealt with by ex-
pulsion. Readmission is denied by
statute until compliance. Mean
, while, the expelled child is unlaw-
fully absent and may be proceeded
against as a delinquent while his
parents or guardians are subject to
prosecution. with the threat of
$50 fine and 80 day jail term.
Children of the witnesses have
been expelled from school and are
threatened with exclusion for no
other cause" Justice Jackson said.
'Officials threatened to send them
to reformatories maintained for
criminally inclined Juveniles. Par
ents Of such children have been
prosecuted and are threatened for
prosecution for causing delin-
quency."
The refusal OF these children,
Justice Jackson said. to participate
in the ceremony does not interfere
with or deny rights Of others to
do so.
Cites Hughes Decision.
Nor is there any question in this
case that their behavior is peace
able and orderly" the court said
The sole conflict is between au-
thority and rights of the individual.
The State asserts power to con-
dition access to public education on
making prescribed sign and pro-
fession and at the same time to
coerce attendance by Furnishing
both parent and child. The latter
stand on right of self -determina-
ton in matters that touched moi
vidual opinion and personal at
titude."
Continuing the court said: "Over
a decade ago. Chief Justice Hughes
led this court in holding that the
display Of red flag as a symbol of
opposition by peaceful and legal
means to organized government was
protected by the free speech guar
antees of the Constitution. Here it
is the State that employees a flag as
symbol OF adherence to govern
ment as presently organized 1t re-
quires the individual to communi-
cate by word and sign his acceptance
of the political ideas it thus be-
speaks.
"Objection to this form of COM
munication when coerced is an old
one, we'll known to the trainers Of
the Bill of Rights.
1T is also to be noted that the
compulsory flag salute and the
pledge requires affirmation Of the
belief and an attitude of mind. 1t
is not clear whether the regulation
regulates that pupils forego any con-
trary convictions of their own and
become unwilling converts to the
prescribed ceremony or whether it
will be acceptable if they simulate
assent by words without belief and
by a gesture barren of meaning.
Jackson Outlines Reasoning.
1T is now commonplace that
censorship or suppression of express
sion Of opinion is tolerated by our
Constitution only when the express
sion presents clear and present
danger of action of kind the state
Is empowered to prevent and punish.
1T would seem that involuntary
animation could be commanded
only on even more immediate and
urgent grounds than silence. But
here the power of compulsion is in
voked without any allegation that
remaining passive during a flag sa-
lutte creates clear and present dan
ger that would justify an effort to
mufle expression. To sustain the
compulsory flag salute we are re-
quired to say that Bill of Rights
which guards the individuals right
to speak his own mind left 1t open to
public authorities to compel him to
utter what is not in his mind"
Justice Jackson said also that the
issue as the majority sees it does
not turn on the particular religious
views of the individual or the sim
cerity with which they are held.
While religion supplies respon-
dents (Witnesses) motive for en-
during the discomforts of making
the issue in this case, many citizens
who do not share these religious
views hold such compulsory rite
to infringe constitutional liberty of
the Individual" the court said.
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