In 1940, Minersville v. Gobitis was argued out in the United States Supreme Court, Justice Frankfurter delivered the opinion of the court. Throughout his opinion Justice Frankfurter seems to justify his actions in several ways. Throughout his decision Frankfurter states that he believes that religion itself should be protected, "government may not interfere with organized or individual expression of belief or disbelief." This clearly gives the impression that he may have had some doubt as to the legitimacy of the school's requirement to make all children salute the flag as a condition for enrollment. Throughout his opinion it appears as if Frankfurter is struggling with this decision.
Several times he will argue that religion does need to be protected by the government, yet, he will also argue in favor of the school district and their promotion of nationalism, citing that he felt it necessary for the district to promote the flag salute because of its ability to incite "national cohesion." He states, Awe live by symbols. The flag the symbol of our national unit, transcending all internal differences however large, within the framework of our Constitution. Besides this argument, Justice Frankfurter further believes that is would be wrong to force the school district to drop this requirement for the Jehovah's Witnesses because it may in turn weaken the eff