MINERSVILLE DISTRICT v. GOBITIS

No. 690.

310 U.S. 586 (1940)

MINERSVILLE SCHOOL DISTRICT, BOARD OF EDUCATION OF MINERSVILLE SCHOOL DISTRICT, ET AL. v. GOBITIS ET AL.

Supreme Court of United States.

Decided June 3, 1940.


Attorney(s) appearing for the Case

Mr. Joseph W. Henderson, with whom Messrs. John B. McGurl, Thomas F. Mount, and George M. Brodhead, Jr. were on the brief, for petitioners.

Messrs. Joseph F. Rutherford and George K. Gardner argued the cause, and with the former Mr. Hayden Covington was on the brief, for respondents.


MR. JUSTICE FRANKFURTER delivered the opinion of the Court.

A grave responsibility confronts this Court whenever in course of litigation it must reconcile the conflicting claims of liberty and authority. But when the liberty invoked is liberty of conscience, and the authority is authority to safeguard the nation's fellowship, judicial conscience is put to its severest test. Of such a nature is the present controversy.

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