Show I High Court Alters Own Decision Requiring Salute W WASHINGTON June 14 UP UP- UP The supreme court overruled Monday Monday Monday Mon Mon- day a decision it delivered in 1940 and held that school children cannot cannot cannot can can- not constitutionally be required to salute the American flag if they had religious scruples against such action After delivering this 6 to 3 opinion opinion opinion ion the justice unanimously held I unconstitutional in a decision by by Justice Roberts a wartime anti- anti sedition statute of Mississippi which outlawed statements or the distribution of literature which reasonably tend to create an attitude attitude attitude atti atti- tude of stubborn refusal to salute honor or respect the flag or government government government gov gov- of the United States of the state Justice Jackson delivered the decision decision decision de de- de- de in the first case which dealt with a flag salute requirement of the West Virginia board of tion Both actions involved members members members mem mem- bers of Witnesses The three dissenters were Justices Justices Justices Jus Jus- tices Roberts Reed and ter We think the action of the lo local local local lo- lo cal authorities in compelling the flag salute and pledge Jackson asserted transcends constitutional constitution constitution- al limitations on their power and invades the sphere of intellect and spirit which it is the purpose of the first amendment to our constitution constitution to reserve from all official control In its June 3 1940 decision the court sustained the constitutionality constitutionality constitution constitution- I of a flag salute regulation by I Continued on Page PaJo Four Column Two Court Reverses Flag Decision Continued from Page One the he Minersville Pennsylvania sch school ol district It also was challenged challenged chal- chal by Witnesses who contended that saluting a flag constituted idolatry Chief Justice Stone was the lone dissenter at the time But since I Ithen then hen Justices Black Douglas and Murphy who had participated in inthe inthe the he majority decision expressed the he view that the case had been wrongly decided Justice Frankfurter wrote the 1940 majority opinion Both Justices Justices Jus- Jus tices ices Rutledge and Jackson who were not members of the court in 1940 joined in the majority ion on Regulation Aired Alred The West Virginia regulation I provided that the right hand be placed upon the breast and the following following following fol fol- fol- fol lowing pledge be repeated in unison unison unison uni uni- son I pledge allegiance to the flag of the United States of America America Amer Anier- ica and to the republic for which it stands one nation indivisible with liberty and justice for all It was challenged by Walter Barnette Paul Stull and Lucy McClure McClure McClure Mc- Mc Clure parents of Kanawha county school children expelled for re refusal refusal refusal re- re to join in the salute The committee on the bill o of rights of the American Bar association association asso asso- elation and the American Civil Civi Liberties union urged the court to hold the flag salute unconstitutional as applied to those with re religious religious religious re- re scruples The American Legion contended the regulation should be upheld |