Thursday, June 4, 2009

Issues of the Case

The issue at hand here with the Minersville School District v. Board of Education is that Lillian Gobitis, aged twelve, and her brother William, aged ten were expelled from the public schools of Minersville, Pennsylvania, for refusing to salute the national flag as part of a daily school exercise. It turns out the Gobitis family are affiliated with “Jehovah’s Witnesses,” for whom the Bible as the word of God is the supreme authority. These children were brought up to believe that this gesture for respecting the flag was disrespecting God and forbidden in the scripture as a command not to do so.

So far as the Federal Constitution is concerned, it is within the province of the legislatures and school authorities of the several States to adopt appropriate means to evoke and foster a sentiment of national unity among the children in the public schools.

“Defamation is the harming of a person’s reputation and good name by the communication of a false statement. For an act to be considered defamatory, it is necessary to show that the statement was made in such a way that others hear or read it.” Anthony L. Luizzo, J.D., Ph.D. Published by McGraw-Hill, Essentials of Business Law, pg 46

“Defamation also involves some suggestion of disgrace, and it tends to generate negative feelings about the person who suffers the defamation. The charge of defamation has been separated into two parts: libel and slander.” Anthony L. Luizzo, J.D., Ph.D. Published by McGraw-Hill, Essentials of Business Law, pg 46

http://www.law.cornell.edu/supct/html/historics/USSC_CR_0310_0586_ZO.html

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