The Supreme Court held, in 1943 in West Virginia State Board of Education v. Barnette by a 6-to-3 decision delivered by Justice Jackson, that it was unconstitutional for public schools to compel students to salute the flag.
It thus overruled its decision in Minersville School District v. Gobitis (1940), finding that the flag salute was "a form of utterance" and "a primitive but effective means of communicating ideas." The Court wrote that any "compulsory unification of opinion" was doomed to failure and was antithetical to the values set forth in the First Amendment,.
The Court stated: "The case is made difficult not because the principles of its decision are obscure but because the flag involved is our own. Nevertheless, we apply the limitations of the Constitution with no fear that freedom to be intellectually and spiritually diverse or even contrary will disintegrate the social organization.
"To believe that patriotism will not flourish if patriotic ceremonies are voluntary and spontaneous instead of a compulsory routine is to make an unflattering estimate of the appeal of our institutions to free minds. We can have intellectual individualism and the rich cultural diversities that we owe to exceptional minds only at the price of occasional eccentricity and abnormal attitudes.
"When they are so harmless to others or to the State as those we deal with here, the price is not too great. But freedom to differ is not limited to things that do not matter much. That would be a mere shadow of freedom. The test of its substance is the right to differ as to things that touch the heart of the existing order.
"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."
The Supreme Court announced its decision on June 14, Flag Day.
Now we have a president who wants to compel everyone to salute the flag and stand during the pledge of allegiance. This is a guy who got five deferments to avoid military service, one of them for a bone spur. And he has turned a blind eye to his immediate staff breaking the law, getting indicted and pleading guilty of lying to federal investigators. Patriotism, it is said, even Trump's fake patriotism, is the last refuge of a scoundrel.
Let's remember. He has already appointed a Supreme Court justice and may yet appoint others. Since when does pampered millionaire 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."?
20 comments:
Why do you, a Mexican, bother? This country is about, and for, Whites!
You who defend those Americans that are not patriotic, have no respect for this nation. Those that say this country is for "Whites" are assholes and can't see that tax dollars from those "Whites" and others go to feed and house illegals who still carry the flag of other nations. Bill Clinton didn't serve in the military, Obama didn't serve and there are many others who claimed to have served, but didn't.
Vote racist REPUBLICAN and make the change to communism so that if you don't salute the flag you will be shot by a hillbilly.
Idiot, if you are born in the US, you are not a Mexican. You are an American with a Spanish surname and maybe color. When we salute our flag we do it thinking of the red, white and blue colors and nothing else, you racist. This is for the 1st blogger. I may be whiter than you are gringo!
Is just basic decency for those who die for us, a football game is not the proper venue for protesting, those guys make way too much money to bring their personal vendettas to the field, the least they can do is respect the flag and our National Anthem. Good that is in their lucrative contract now that they have to respect.
I think kapernick is a pendejo..... he is the one that started all this with all the other sheep following after seeing the press he was getting. If you want to stand up for rights of this or rights of that....why would you chose to disrespect the flag by not standing in salute?! With his celebrity he could have easily rounded up othe athletes to join his cause and bring attention to it...not saying his fight is not a noble one or discrediting it. I just do not see how kneeling for the national anthem is going to right the wrongs they are fighting for.
KAEPERNICK KNEELED DURING THE NATIONAL ANTHEM DURING THE FOOTBALL GAMES IN A WAY TO PROTEST HIS PERSONAL BELIEFS & THE NFL RATINGS WENT DOWN..NOW HE IS JOBLESS UNDRAFTED LOL
WE THE VIEWERS ( NFL FANS ) ARE HIS EMPLOYER...WE FINANCIALLY SUPPORT HIS SALARY THROUGH VARIOUS MEANS INCLUDING TV RATINGS. I, AS THE TRUE BOSS, EXPECT EVERY NFL PLAYER TO STAND & SALUTE SHOW RESPECT DURING THE NATIONAL ANTHEM REGARDLESS OF THEIR BELIEFS. THEY GET PAID WITH *AMERICAN* BILLS, IF THEY DON'T LIKE IT THEN GO PLAY ANOTHER SPORT IN ANOTHER COUNTRY. BUT I HIGHLY SUGGEST THEY GO PROTEST ON THEIR OWN TIME & OUT OF THE NFL UNIFORM REGARDLESS OF THE TEAM.
The dude standing next to Colin Kaepernick kneeling is named Nate Boyer. He is a U.S. Army Green Beret veteran and NFL player.
He convinced Colin Kaepernick to kneel, rather than sit, while protesting police brutality during the national anthem.
This is not about "black or white" or "patriot or non-patriot", it is about police brutality.
Nate Boyer and Colin Kaepernick
SEMPER FI
Kneeling show reverence in many cases, so even though their intention was to protest the actions of some who defend the constitution, they were still kneeling out of respect. As for Trump, did you see how he didn't even know the lyrics to God Bless America. He just "tweets" like a little bird with his stupid tweeting-form mouth. It does look like a tweet-tweet, right?
He should have gone to defend the flag in Viet Nam like so many of the so-called Mexicans went and died for. What respect can you have for a man who is commander in chief, when he doesn't even know how to salute properly.
Montoya, you would even kill a guy if that meant to be against trump. You find any excuse
Ditto 9:35
With all the millions and millions at their disposal they should have come up with a better solution, instead they chose the cheap route, that would cost them NOTHING. If they take a knee, stoop, stay at the dressing taking a shit or whatever they should get fired, or reprimanded. The pendejo trump just enflamed the topic but we know he can't help himself.
The problem is people are mixing the two issues that should be separate. Everybody is connecting those who do not like the fact that these football players are kneeling with Donald Trump. The fact is, the two issues are separate.
I abhor Donald Trump. I dislike him, and I think he is a disgrace to this great country. That said, I also think not standing for the National Anthem is disrespectful and distasteful.
Yes, people have First Amendment protection, but they also have to remember their places of employment can enact rules their employees have to follow. When a football player is suited up and on the sidelines before, during, and after the game, they are at WORK. They have to follow the rules of their employers. The employers have said they have to stand during the National Anthem. I don't see the problem with that.
These football players are "protesting" police brutality and racial discrimination. How is kneeling during the National Anthem going to help further their protests? So, they're kneeling. If anything, they're distracting from their original protest. All they're doing is calling attention to themselves. Perfect example is the former quarterback for the 49ers. He was no longer performing as well as he did when he led his team to the Super Bowl. He decided to do this to draw attention to himself and become relevant again.
These players have millions of dollars. They could have done one of a number of things. They could have started a charitable organization to help the families of those affected by police brutality and racial discrimination. They could have started a community organization in their city to allow those who have been affected by police brutality to come forward. They could have donated some of their multi-million dollar salary to provide body cameras for their local police departments. And finally, they could have used their massive star power to talk about these injustices every time a reporter shoved a microphone in front of their faces. But no, instead they decide to kneel during the National Anthem. They decide to do something they knew would incense many, many fans and veterans, particularly since the NFL is so closely tied to the military.
Nobody is curtailing a football player's right to free speech. Everybody has First Amendment protection. However, there is a time and a place for everything, and work is hardly the time or the place for doing whatever it is you want. You have to follow the rules at work.
It really is that simple...even if your protest as incongruous as disrespecting the flag and the National Anthem to protest something that has nothing to do with the flag or the National Anthem.
I didn't hear any complaints here, when Obama rewrote the immigration laws by Executive Order.
Trump is not rewriting the laws. He is just expressing his opinions, through the use of the "Bully Pulpit", as TR called it.
9:16 a.m. some facts. So they refuse to follow their work rules, their right. Also their bosses right to fire them. So then what? Who will replace them? People are not going to pay to watch players who were originally rejected. This will be decide on money. The NFL owners will cave.
As to the reason for the protests. They have made this a central issue in today's politics. Did you know as of May 1 in Texas if you are pulled over you must open your window and put your hands out. You may not reach for your license or glove compartment until authorized by the police officer. Why do we have this new law, so the police cannot claim you were going for a weapon when it is all on film you hands were outside the window. Oh these protests are having an impact.
They Mayate muscled up thugs, are among the highest paid, privileged people in the country. Still they want to protest. If it were not for the white man they would still be sitting on a log in Africa with red mud in their hair, picking flies out of their noses.
That law is worthless all the cop has to do is turn the cam off and lie, which comes natural to most of them.
The law should read if they turn the cam off they should be fired immediately and be disqualified to work at any other law agency.
They should also be held accountable for their actions.
But with the racist REPUBLICANS in charged this will never happen.
Here the Scumbag Black Mamba Rene Oliveira don't even turn the camera off. As he told his grandson you must look them in the eye and lie to be a true Scumbag.
Folks here seem to have never taken a Civics or Government class. The 1st. Amendment and all of the Constitutional Amendments are limitations on the power of government. A person is only allowed free speech in the public sector to the extent that those paying him allow.
The bottom line is these players silly protest, is costing the owners and the league really big bucks. Therefore the owners and the league can tell them to stuff their kneeling protest where the sun don't shine and it does not violate any protected Constitutional free speech.
So what, the owners have billions just like your racist REPUBLICAN president and they don't give a shit about you and any body else...
So do most of the nfl players, they don't give a shit about anybody. They keep their money in a vault at home, when they go home all they do is count their millions...
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