WWII Civil Liberties Cases US History H

Minersville v. Gobitis William and Lillian Gobitis, both Jehovah’s Witnesses expelled from school for refusing to salute American flag Lower court rules in their favor Supreme Court hears case in 1939, issues ruling in 1940…

Minersville v. Gobitis

Minersville v. Gobitis 8-1 decision in favor of school district Schools have the right to insist that students participate in rituals to “secure effective loyalty to the traditional ideals of democracy” “National unity is the basis of national security" and states retain the constitutional authority to "select appropriate means" to foster such unity Therefore allowing students to recuse themselves from the flag salute could negatively affect the patriotism of their classmates

Effects of Minersville Decision Gobitis family threatened, kids sent away Jehovah’s Witnesses attacked around country Pulled from cars and homes Tarred and feathered Forced to kiss the flag, drink castor oil Paraded, tied up through streets of small towns One even kidnapped and castrated

West Virginia Board of Education v. Barnette 1943 decision ruled 6-3 against school in similar case “To believe that patriotism will not flourish if patriotic ceremonies are voluntary and spontaneous instead of compulsory routine is to make an unflattering estimate of the appeal of our institutions to free minds.” "If there is any fixed star in our constitutional constellation, it is that no official, high or petty, can prescribe what shall be orthodox in politics, nationalism, religion, or other matters of opinion or force citizens to confess by word or act their faith therein."

Hirabayashi v. United States One of four Supreme Court Cases dealing with U.S. policies toward individuals of Japanese descent. Concerns over “military areas” and the "solidarity" that individuals of Japanese descent felt with their motherland U.S. policy included curfew, exclusion, and finally relocation and internment

Hirabayashi Decision 9-0 in favor of the curfew (did not decide on relocation) Restrictions on Japanese actions served an important national interest. Curfew a necessary "protective measure." Racial discrimination was justified since "in time of war residents having ethnic affiliations with an invading enemy may be a greater source of danger than those of a different ancestry."