1. WWII Civil Liberties Cases
US History H

2. 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…

3. Minersville v. Gobitis

4. 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

5. 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

6. 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."

7. 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

8. 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."