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Based on the underlying question was whether “that power exists in the State to impose the flag salute discipline upon school children in general.” As the Court noted, “the compulsory flag salute and pledge requires affirmation of a belief and an attitude of mind.” One year before was decided, Congress, too, had considered the propriety of requiring the flag salute and enacted a law officially recognizing the Pledge of Allegiance and also making the salute and statement of the pledge voluntary.
This congressional action did not determine the outcome of reexamined the purpose and function of public schools, noting that schools serve the essential role of “educating the young for citizenship.” With this in mind, the Court explained its intervention in as justified by the concern that “small and local authority may feel less a sense of responsibility to the Constitution, and agencies of publicity may be less vigilant in calling it to account.” Public education, according to the Court, should “not strangle the free mind at its source [or] teach youth to discount important principles of our government as mere platitudes.” Instead, education should enable students to make informed choices about what to believe.
The Court rejected Newdow’s appeal on the technicality that he lacked proper standing to bring the lawsuit because he was not the child’s custodial parent.
These opinions are available as Adobe Acrobat PDF documents.
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American schoolchildren pledging allegiance to the flag in a former form of the salute, specifically the Bellamy salute. Barnette, the Supreme Court overturned a state law requiring a flag salute as an unconstitutional infringement on First Amendment freedoms that embody free speech and thought. The decision, which was issued on Flag Day, overturned (1940) and struck down a West Virginia statute that imposed severe penalties on children and their parents if the children did not comply.
Christina Price and Walter Ryan Matzuk 06/11/2019 Trial court erred in determining appellee Matzuk was a parent of the child and, based on that finding, in determining custody and visitation 1824181 Steven Allen Starr v.
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