Skip to main content

How does the principle of free speech, as opposed to freedom of religion, apply to this case?

In spite of the fact that this case was triggered by Jehovah's Witnesses students arguing that they should not be forced to salute the flag or recite the Pledge of Allegiance, there is no freedom of religion argument to be made.  At least in theory, a group of atheists could have brought this case. The argument is that the freedom of speech includes the freedom to not speak, to not be compelled to profess a...

In spite of the fact that this case was triggered by Jehovah's Witnesses students arguing that they should not be forced to salute the flag or recite the Pledge of Allegiance, there is no freedom of religion argument to be made.  At least in theory, a group of atheists could have brought this case. The argument is that the freedom of speech includes the freedom to not speak, to not be compelled to profess a belief, in this case, to not recite the Pledge of Allegiance, and to not salute, since hand gestures are considered a form of speech.  People should not be compelled to pledge allegiance to their country if they choose not to do so.


I would guess there are those who would argue that this case somehow is of use to argue that religious beliefs should be protected to the degree that marriage license clerks should have the right to decline to issue marriage licenses, but the case is of no use as support for such arguments, for any number of reasons, but in particular because it has nothing to do with religion.  Supreme Court Justices usually try to rule on grounds as narrow as possible, so cases cannot be misused later on to make bad law.  

Comments

Post a Comment

Popular posts from this blog

What are some external and internal conflicts that Montag has in Fahrenheit 451?

 Montag, the protagonist of Fahrenheit 451, faces both external and internal conflicts throughout the novel. Some examples of these conflicts are: External Conflicts: Conflict with the society: Montag lives in a society that prohibits books and critical thinking. He faces opposition from the government and the people who enforce this law. Montag struggles to come to terms with the fact that his society is based on censorship and control. Conflict with his wife: Montag's wife, Mildred, is completely absorbed in the shallow and meaningless entertainment provided by the government. Montag's growing dissatisfaction with his marriage adds to his external conflict. Conflict with the fire captain: Montag's superior, Captain Beatty, is the personification of the oppressive regime that Montag is fighting against. Montag's struggle against Beatty represents his external conflict with the government. Internal Conflicts: Conflict with his own beliefs: Montag, at the beginning of th...
Post a Comment
Read more

In A People's History of the United States, why does Howard Zinn feel that Wilson made a flimsy argument for entering World War I?

"War is the health of the state," the radical writer Randolph Bourne said, in the midst of the First World War. Indeed, as the nations of Europe went to war in 1914, the governments flourished, patriotism bloomed, class struggle was stilled, and young men died in frightful numbers on the battlefields-often for a hundred yards of land, a line of trenches. -- Chapter 14, Page 350, A People's History of the United States Howard Zinn outlines his arguments for why World War I was fought in the opening paragraph of Chapter 14 (referenced above). The nationalism that was created by the Great War benefited the elite political and financial leadership of the various countries involved. Socialism, which was gaining momentum in Europe, as was class struggle, took a backseat to mobilizing for war. Zinn believes that World War I was fought for the gain of the industrial capitalists of Europe in a competition for capital and resources. He states that humanity itself was punished by t...
Post a Comment
Read more

Where did Atticus take the light and extension cord in To Kill a Mockingbird?

Atticus brings the light to the courthouse jail so that he can protect Tom Robinson.  Atticus learns that Tom Robinson, his client, is in danger.  A group of white men want to prevent the trial and lynch Robinson. He is warned by a small group of men that appear at his house.  He refuses to back down.  Atticus knows that the Cunninghams will target his client, so he plans to sit up all night with... Atticus brings the light to the courthouse jail so that he can protect Tom Robinson.  Atticus learns that Tom Robinson, his client, is in danger.  A group of white men want to prevent the trial and lynch Robinson. He is warned by a small group of men that appear at his house.  He refuses to back down.  Atticus knows that the Cunninghams will target his client, so he plans to sit up all night with Jim if that’s what it takes to protect him.  Atticus tells the men that he will make sure his client gets his fair shake at the law.  “Link, that boy might go to the chair, but he’s not going till ...
Post a Comment
Read more