08-18-2016, 12:53 PM
J Marston wrote:
The decision about the pledge is Barnette v. West Virginia. It's well worth reading, and useful synopsis is here: https://en.m.wikipedia.org/wiki/West_Vir...._Barnette.
Justice Jackson said, paraphrasing here, that the most fundamental element of the constitution is that no official can prescribe what is orthodox in political, moral, religious opinion. And one should remember that this was decided in 1943, when the desire for national uniformity ran very high.
Thanks for the link. This is straying way off topic, but I found this interesting:
Frankfurter said that the court was overstepping its bounds in striking down the West Virginia law. He said, too, that freedom of religion did not allow individuals to break laws simply because of religious conscience. Frankfurter argued that, "Otherwise each individual could set up his own censor against obedience to laws conscientiously deemed for the public good by those whose business it is to make laws."