Evening star., 1943-06-14
HighCourtHo|ds
Salute
0fF|ag Illegal
Justices Reverse
Earlier Ruling on
Jehovah S Witnesses
BY 7. A. FOX.


Reversing the celebrated flag
salute" decision of 1910. the Su-
preme Court said today that
public school children could not
be required to participate in the
customary classroom tribute to
the flag if this observance con-
ficted with their religious be-
liefs or is otherwise objection
able.
The ruling settled a challenge by
members of Jehovah's Witnesses to
a flag salute regulation imposed by
the West Virginia Board of Educa-
ton. In the case three years ago.
in which the litigation also was
instituted by this sect. the court
upheld tine regulation of the Miners
vile (PaD school district.
Jackson Reads Decision.
I'VE think the action of the local
authorities in compelling the flag
salute and pledge transcends con-
stitutional limitations on their
power and invades the sphere of
intellect ard spirit which it is the
purpose of the first amendment to
the Constitution to reserve from all
official control said Justice jack
son. who read the 6-3 decision out
lawing the West Virginia regula-
ton.
In a somewhat similar case from
Mississippi the court unanimously
set aside the conviction of three
defendants who we're accused of ad-
vocating ana teaching refusal to
salute The flag.
The trio, members of Jehovah's
Witnesses, were tried under Missis-
sippi's Wartime Security Act, one
of a number of State statutes en-
acted to deal with subversive ele-
ments 1t was the first test of this
sort of legislation to reach the Su-
preme Court.
Two Of the defendants also were
charged with oral teachings and
dissemination, of literature calcu-
lated to encourage disloyalty to the
State and National Governments.
The conviction on this count also
was set aside.
Three Support First Ruling.
In the West Virginia case, JUS
tice Jackson added that the court
was specifically overruling the Min
ersville decision and "the hold
ings of those few per curiam de-
cisions which preceded and fore
shadoWed it."
Justices Roberts. Reed and
Frankfurter misunderstanding by
their ruling in the Minersville case
which was decided by an 81 vote
with only Chief Justice Stone de-
claring the flag salute regulation
invalid. Justices Black, Douglas
and Murphy, who also were in the
majority in the Minersville case,
switched today. as they had pre-
viously indicated they would do in
another decision involving the
right of the witnesses to sell re-
ligious literature without paying
licensing fees.
The court also reversed the
conviction of David Busey and Or
vile j. Richie. members of Jehovah's
witnesses, who were. fined IS in
Police Court here for selling religious
literature without complying with
the District licensing law.
The West Virginia case came up
from the Fourth Federal Circuit
where a three Judge court over
which Justice John J. Parker pre-
sided enjoined the operation of the
regulation. The action of the regu-
lation was challenged by a group
OF parents and it was expected to
have its effect on similar regula-
tions in every State in the country.
Frankfurter Dissents.
In an individual dissent, Justice
Frankfurter member of the Jew
ish race. said that lone who belongs
to the most vilified and prosecuted
minority in history is not likely to be
insensible to the freedoms guaran-
teed by our Constitution" but he
added, that "saluting the flag sup
presses no beliefs nor curbs it,"
1T is self-delusive to believe that
the liberal spirit can be promoted by
judicial invalidation of illiberal leg
islation," he declared.
At the outset of his opinion, JUS
tice Jackson said that the West
Virginia Board of Education ordered
the salute to the flag as a regular
part of the public school program
in that State after the Courts de-
cision in the Minersville case. The
board originally required the COM
monty accepted salute to the flag"
he said, but Boy and Girl Scouts,
Red Cross and parent and teacher
associations and the Federation Of
Women's Clubs objected to the salute
as being too much like Hitler"
Some modification, the court said,
seems to have been made in refer
ence to these objections "but no con-
cession was made to Jehovah's Wit
(See SUPREME COURT, Page 2-X.)