Minersville School District v. Gobitis, 310 U.S. 586 (1940), was a landmark decision by the Supreme Court of the United States that held that students in public schools could be forced to salute the flag and recite the Pledge of Allegiance, even if their parents objected. The decision was later reversed in West Virginia State Board of Education v. Barnette (1943).

The case arose in Minersville, Pennsylvania, where the school district had adopted a policy requiring all students to salute the flag and recite the Pledge of Allegiance. Two Jehovah’s Witness students, Lillian and William Gobitis, refused to comply with the policy, and they were expelled from school.

The Gobitis parents sued the school district, arguing that the policy violated their children’s First Amendment rights. The Supreme Court ruled in favor of the school district, holding that the First Amendment did not protect the Gobitis children from being forced to salute the flag.

The Court’s decision in Gobitis was based on the idea that the flag salute was a patriotic duty and that it was necessary to instill patriotism in young people. The Court also argued that the flag salute was not a form of compelled speech because it did not express any specific viewpoint.

The decision in Gobitis was controversial and widely criticized by civil libertarians. In 1943, the Supreme Court reversed course in West Virginia State Board of Education v. Barnette, ruling that students could not be forced to salute the flag against their will.

The decision in Barnette was based on the First Amendment’s Free Speech Clause. The Court ruled that forcing students to salute the flag was a form of compelled speech and that it violated the First Amendment.

The decision in Barnette was a landmark case, and it has been cited in many subsequent cases involving freedom of speech. The decision reaffirmed the principle that the government cannot compel speech, even if the speech is patriotic or nationalistic.

Reference: https://supreme.justia.com/cases/federal/us/310/586/