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By his senior year in high school, he was refusing to salute the flag or say the Pledge of Allegiance.
The state regulation specifically notes a lower court's ruling that those refusing to salute the flag may not be required to stand or to leave the room.
The sisters had been punished for refusing to salute the flag and repeat the Pledge of Allegiance, something state law required of students.
On the heels of Minersville School District (Pennsylvania) v. Gobitis (1940), in which the Supreme Court upheld (8 1) the school district's expulsion of two students for refusing to salute the flag on the basis of religious grounds (the children were Jehovah's Witnesses), West Virginia enacted a rule in 1942 that required students to salute the U.S. flag.
In 1940, the Court had heard a very similar case involving Lillian Gobitis, age twelve, and her brother William, age ten, whose parents were also Jehovah's Witnesses and who were expelled from the public schools of the town of Minersville, Pennsylvania, for refusing to salute the national flag.
This included a reputation for refusing to salute officers, sloppy dress, lack of respect for military rank and drunkenness on leave.
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The boy burst into tears and refused to salute.
White officers snubbed their black counterparts, and white enlisted men refused to salute or obey black officers and showered insults on the enlisted men of the Guards.
The young Oswald returned to school, but he did little more than sail paper airplanes and refuse to salute the American flag.
In 1940, the Court decided a case that arose in Minersville, Pennsylvania, when two elementary-school students, Billy and Lillian Gobitas, both Jehovah's Witnesses, refused to salute the American flag.
While drawing on a series of Supreme Court precedents that found constitutional protection for the nonconformist views of the Jehovah's Witnesses -- who refuse to salute the American flag, for example -- the decision today was not limited to religious expression.
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Justyna Jupowicz-Kozak
CEO of Professional Science Editing for Scientists @ prosciediting.com