West Virginia vs. Barnette : the flag salute case

Extraits

[...] “National unity” is the leitmotiv of the State in that case. The flag represents a patriotic credo, a unique symbol because men have fought and died for it. The State thinks that by imposing a governmental pressure toward unity will diminish conflicts within the population and ensure national security. So, the flag is used to raise people sense of patriotism, to make them consider the country and the other citizens as a family but it is also used a “symbol of adherence to government”. [...]

[...] Indeed, the flag carries a lot of symbols, of values that you choose to respect or not. To honor it can signify different things but it remains a form utterance. If we think about the meaning of “utterance” we can say that it is a “form of expression”. So, in fact, it is the content of the utterance which seems to be the real problem here. Because the content of this utterance depends on what interpretation, or meaning, you put into it, as Justice Jackson said. [...]

[...] Barnette : the flag salute case 1. What are the state's reasons for requiring a flag salute? What methods, in Justice Robert Jackson's view, would be legitimate ways of trying to accomplish the State's objectives? “Refusal to salute the Flag shall be regarded as an act of insubordination” are the terms in which the Virginia statute let us see a beginning of answer to the questioning about the reasons why the State require a flag salute. Indeed, we understand that the real deal is between the authority and the rights of the individual. [...]

[...] Writing for the majority, Justice Jackson argued that "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." We can add that the fact that there were no protests, riots, or acts of violence after the ruling, and that the decision has never been overturned shows the agreement of the population with this opinion. In fact, the majority opinion delivered by Justice Robert Jackson has become one of the great statements in American constitutional law and history. Another point is the burning of the national flag. [...]

[...] It has to see is power limited by the Constitution and let people have their own intellectual and spiritual difference. The State must trust its citizens. The State can “select appropriate means” to provide national security but it can't control every opinion Is Justice Jackson correct in asserting that “there is no doubt that the Flag salute is a ‘form of utterance'”? Is burning the flag a form of utterance as well? In my opinion, the action of saluting the flag of the country is totally a form of utterance, as Justice Jackson has considered in this case. [...]