Abstract
In the 1940 landmark case, Minersville School District v. Gobitis,1 the Supreme Court of the United States first heard arguments on the right of children to refuse to salute the American flag in public schools. Fifteen years earlier, these same issues were being discussed in the Superior Court of Whatcom County, Washington. In both instances, children with strong religious beliefs instilled oy their parents refused to participate in morning flag exercises and were expelled from school as a consequence. Also, in both instances, public opinion weighed heavily against those seeking to uphold their First Amendment rights. Why, then, did one case make it to the Supreme Court and not the other?
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