There’s been so much made lately about certain political candidates choosing to wear or not wear the flag on their clothing, I think we all need to step back, take a breath and put the matter in perspective.
Have you stepped back? Are you breathing? Good. Here’s the perspective.
On June 14, 1943 (in the middle of World War II, you’ll note, in which we were fighting genocidal baddies like Hitler and his friends who were collectively trying to take over the world), the U.S. Supreme court decided West Virginia State Board of Education v. Barnette, in which the Jehovah’s Witnesses challenged the practice of forcing schoolchildren to salute the flag. (The Parent and Teachers Association, Boy and Girl Scouts, Red Cross, and Federation of Women’s Clubs even compared it to the Nazi salute, according to the opinion.) The Jehovah’s Witnesses refused to salute the flag, due to their religion’s prohibition on worshiping graven images. They and other parties sued the school board (and other parties), claiming that this forced practice was an unconstitutional denial of religious freedom and freedom of speech, and were invalid under the “due process” and “equal protection” clauses of the Fourteenth Amendment to the federal constitution.
Despite the Board of Education’s no-doubt vigorous attempt to dismiss the suit, the matter went all the way up to the Supremes. And with concurrences from other justices who included William O. Douglas (what a surprise) and a dissent from Justice Felix Frankfurter, the Court decided for the Jehovah’s Witnesses.
Among other things, Justice Robert H. Jackson, who wrote for the Court, had this to say:
“To sustain the compulsory flag salute we are required to say that a Bill of Rights which guards the individual’s right to speak his own mind, left it open to public authorities to compel him to utter what is not in his mind. . . .
“Nor does the issue as we see it turn on one’s possession of particular religious views or the sincerity with which they are held. While religion supplies appellees’ motive for enduring the discomforts of making the issue in this case, many citizens who do not share these religious views hold such a compulsory rite to infringe constitutional liberty of the individual. . . .
“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. If there are any circumstances which permit an exception, they do not now occur to us.
“We think the action of the local authorities in compelling the flag salute and pledge transcends constitutional limitations on their power and invades the sphere of intellect and spirit which it is the purpose of the First Amendment to our Constitution to reserve from all official control.”
Yes, someone really wrote that in the middle of what had to seem at the time to be the war to end all wars. And, if you don’t believe me, you can read the whole thing here.