Wednesday, June 13, 2007

Indoctrination - Not just for Islamists

I read this article in NRO today. At the bottom, Rubin links a picture that he calls "indoctrination". This is the picture:






If this is indoctrination, Rubin must not be aware of this. It is a legal case, at the Supreme Court level, which forced American indoctrination on children:


Lillian and William Gobitis, ages ten and twelve, were expelled from the Minersville, Pennsylvania public schools in 1935 for failing to salute the flag and recite the Pledge of Allegiance... The U.S. Supreme Court, in an 8–1 decision, upheld the right of the school district to mandate the salute and pledge, concluding that school district's interest in creating national unity was enough to allow them to require students to salute the flag.

In this case, the school district's interest in creating national unity was more important than the rights of the students to refuse to salute the flag. Justice Frankfurter noted that national unity is the basis of national security. To allow children not to salute the flag or to recite the Pledge of Allegiance would weaken the effect of the collective patriotic exercise and thereby injure national unity and security. In his view, "The mere possession of religious convictions which contradict the relevant concerns of a political society does not relieve the citizen from the discharge of political responsibilities."


This decision is eventually overturned in Barnette v. West Virginia State Board of Education, 47 F.Supp. 251 (1942).


A lawsuit was filed on behalf of the Jehovah's Witnesses, whose children had been disciplined in West Virginia schools for refusing to salute the flag or to recite the Pledge of Allegiance. In addition, a number of parents had been prosecuted for allowing their children to engage in such unpatriotic demonstrations. The West Virginia federal district court issued an INJUNCTION restraining the state from continuing to enforce the school board's resolution. Barnette v. West Virginia State Board of Education, 47 F.Supp. 251 (1942). The school board then appealed the case directly to the U.S. Supreme Court.

In a 6–3 decision, the Court struck down the resolution because it contravened the First Amendment to the United States Constitution. The dramatic shift came, in part, with the replacement of three justices on the Court after Gobitis. Justice ROBERT JACKSON, in his majority opinion, wrote that the resolution violated the students' freedom of speech and freedom of religion. "The very purpose of a Bill of Rights," the Court explained, is "to withdraw certain subjects from the vicissitudes of political controversy, to place them beyond the reach of majorities… ."



So, if Rubin's favored Strict Constructionist Supreme Court Justices are in control of the Court, the ruling in the first case may very well stand, and we would have federally mandated indoctrination in the United States.


How very interesting...

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