Paper Details  

12 Pages
2981 Words

    Filter Topics  

Create a new account

It's simple, and free.

Frankfurter's Decision in Minersville v. Gobitis

The King County decision, like the decision in Prince, placed limitations upon parental free exercise rights, both holding that "these rights do not include a right to endanger seriously a child's physical health or safety."

In essence, in the more contemporary CHURCH OF THE LUKUMI BABALU AYE, INC. and ERNESTO PICHARDO, PETITIONERS v. CITY OF HIALEAH, Justice Souter agrees with Justice Frankfurter. In this he refers to Wisconsin v. Yoder, 406 U.S. 205, 220 (1972), Jimmy Swaggart Ministries v. Board of Equalization of California, 493 U.S. 378, 384 (1990); Thomas v. Review Bd. of Indiana, Employment Security Div., 450 U.S. 707, 717 (1981); Yoder, supra, at 220; Committee for Public Ed. & Religious Liberty v. Nyquist, 413 U.S. 756, 792793 (1973); School Dist. of Abington v. Schempp, 374 U.S. 203, 222 (1963); and also McDaniel v. Paty, 435 U.S. 618, 627629 (1978) (plurality opinion) (invalidating a non neutral law without using the term) (SUPREME COURT OF THE UNITED STATES No. 91948 June 11, 1993).

Jackson's Decision in West Virginia v. Barnette

In West Virginia v. Barnette, the Court struck down the compulsory pledge of allegiance in public schools as a violation of the First Amendment. There are two clauses regarding religion in the First Amendment. One is the Establishment Clause, which prohibits the government from establishing any sort of official religion; the other is the Free Exercise Clause, which forbids the government from restricting an individual's religious practices. Free exercise claims often overlap claims to freedom of expression, and several of the most important religion cases mixed issues of free speech and free exercise together.

A key element in religion clause jurisprudence is the dichotomy between belief and action originally enunciated by Chief Justice Morrison Waite in 1879. While the First Amendment absolutely prohibits government efforts to restrict beliefs, it does not prevent the state from ...

Page 1 of 12 Next >

    More on Frankfurter's Decision in Minersville v. Gobitis...

APA     MLA     Chicago
Frankfurter's Decision in Minersville v. Gobitis. (1969, December 31). In Retrieved 22:45, July 22, 2017, from
Copyright © 1999 - 2017 All Rights Reserved. DMCA