Evening star., 1943-03-07
Forced Salute 10 FIao
Defended, Opposed in
Supreme Court Briefs
Legion Backs Stute Law,
Civil Liberties Union
Criticizes X

| By the Associated Press.
The coAstitutionality Of requiring
school children to salute the Amer
ican nag was defended yesterday by
the American Legion and challenged
by the American Civil Liberties
Union in briefs filed with the Su-
preme Court.
Such a requirement, the Amer
lean Legion said, is designed to aid
national unity and promote a bet
ter citizenship for the future" in
order to guarantee national secur-
ity for succeeding generations"
In reply the Civil Liberties Union
contended that State flag salute
regulation infringes on religious lib
erty and conflicts with a 1912 act
Of Congress which was interpreted
as providing that proper respect
for the flag may be shown merely
by standing at attention" when CIV
ing the oath Of allegiance.
Prelude to Oral Arguments.
The briefs were presented as a
prelude to oral arguments this week
on validity of a flag salute regula-
ton by the West Virginia State
Board of Education. The case will
give the court an opportunity. if 1t
so desires, of overruling its 1910 de-
cision sustaining such a require
ment by the Minersville (Pa.) school
district.
OF the seven justices now on the
court who participated in the 1910
ruling, four have expressed oppo-
sition to it. Chief Justice Stone dis
sented at the time and Justices
Black, Douglas and Murphy, who
then joined in the majority opin-
Ion. have since expressed the view
that the case was wrongly decided. :"
Justices Jackson and Rutledge were
not on the court.
A three-judge Federal Court at
Charleston held that school chill
dren Of the State of West Virginia
could not constitutionally be re-
quired to salute the flag if they had
religious scruples against such ac-
ton. The requirement had been
challenged by a group of Jehov-
vah's Witnesses, who contended
their beliefs prohibited a flag sa-
lutte.
The American Legion argued that
the State regulation did not pro-
vide for "a religious rite" and there
fore was mot in conflict with the
exercise Of the religious views OF
the Jehovah's witnesses.
Refers to 1S4o Ruling.
Referring to the 1910 ruling. which
also involved Jehovah's witnesses.
the legion added.
THE events which have trans
pired In our national life since the
rendition Of this decision have dem
onstrated that IN adequate national
defense Is not alone concerned with
armies and navies and matters dis
tinctly military in character, but
includes as we'll the moral strength
or public opinion OF its citizens.
Nations have been DESTROYED by
q breakdown In the public morale.
Consequently. the State through its
educational institutions IS justified
in adopting measures which will en-
gender patfiotisin III the yonng peo-
lple, who will represent the. succeed
ing generation, for the 9reat atask
Of preserving the foundations upon
which freedom OF Igious express
sion is founded"
Civil Liberties Counters.
Freedom Of religion" the Civil
Liberties Union countered, Implies
not only freedom Of belief but also
freedom to net upon tba belief, so
long ~ such action does not en-
danger the safety Of the State.
"a policy implicit in the State
boards regulation compel the
child to salute and to punish him
Is q delinquent If he does not-not
only has no tendency to instruct
the children Of West Virginia in
loyalty to the dag and Constitution
Of the United States, but, on the
contrary, instills hatred and BIT
terness In such children and their
parents."