Historic irony: On Flag Day in 1943, the U.S. Supreme Court issued its decision in the case of West Virginia vs. Barnette.
Image 1 - Billy Gobitas explained why he would not salute the U.S. flag, November 5, 1935 - Library of Congress collection
The case started earlier, in 1935, when a 10-year-old student in West Virginia, sticking to his Jehovah’s Witness principles, refused to salute the U.S. flag in a state-required pledge of allegiance. From the Library of Congress:
“I do not salute the flag because I have promised to do the will of God,” wrote ten-year-old Billy Gobitas (1925-1989) to the Minersville, Pennsylvania, school board in 1935. His refusal, and that of his sister Lillian (age twelve), touched off one of several constitutional legal cases delineating the tension between the state’s authority to require respect for national symbols and an individual’s right to freedom of speech and religion.
The Gobitas children attended a public school which, as did most public schools at that time, required all students to salute and pledge allegiance to the flag of the United States. The Gobitas children were members of the Jehovah’s Witnesses, a church that in 1935 believed that the ceremonial saluting of a national flag was a form of idolatry, a violation of the commandment in Exodus 20:4-6 that “thou shalt not make unto thee any graven image, nor bow down to them. . . .” and forbidden as well by John 5:21 and Matthew 22:21. On 22 October 1935, Billy Gobitas acted on this belief and refused to participate in the daily flag and pledge ceremony. The next day Lillian Gobitas did the same. In this letter Billy Gobitas in his own hand explained his reasons to the school board, but on 6 November 1935, the directors of the Minersville School District voted to expel the two children for insubordination.
The Watch Tower Society of the Jehovah’s Witnesses sued on behalf of the children. The decisions of both the United States district court and court of appeals was in favor of the right of the children to refuse to salute. But in 1940 the United States Supreme Court by an eight-to-one vote reversed these lower court decisions and ruled that the government had the authority to compel respect for the flag as a key symbol of national unity. Minersville v. Gobitis[a printer’s error has enshrined a misspelling of the Gobitas name in legal records] was not, however, the last legal word on the subject. In 1943 the Supreme Court by a six-to-three vote in West Virginia State Board of Education v. Barnette, another case involving the Jehovah’s Witnesses, reconsidered its decision in Gobitis and held that the right of free speech guaranteed in the First Amendment to the Constitution denies the government the authority to compel the saluting of the American flag or the recitation of the pledge of allegiance.
There had been strong public reaction against the Gobitis decision, which had been written by Justice Felix Frankfurter (1882-1965). In the court term immediately following the decision, Frankfurter noted in his scrapbook that Justice William O. Douglas (1898-1980) told him that Justice Hugo LaFayette Black (1886-1971) had changed his mind about the Gobitis case. Frankfurter asked, “Has Hugo been re-reading the Constitution during the summer?” Douglas replied, “No–he has been reading the papers.”1 The Library’s William Gobitas Papers showcase the perspective of a litigant, whereas the abstract legal considerations raised by Gobitis and other cases are represented in the papers of numerous Supreme Court justices held by the Manuscript Division.
1. Quoted in H. N. Hirsch, The Enigma of Felix Frankfurter (New York: Basic Books, 1981), 152.
John E. Haynes and David Wigdor, Manuscript Division
Second page, Billy Gobitas's explanation of why he will not salute the U.S. flag: "I do not salute the flag not because I do not love my country but I love my country and I love God more and I must obey His commandments." - Library of Congress
Supreme Court justices do not often get a chance to reconsider their decisions. For example, overturning Plessy vs. Ferguson from 1896 took until 1954 in Brown v. Topeka Board of Education. In the flag salute/pledge of allegiance cases Justice Hugo Black had a change of mind, and when a similar case from West Virginia fell on the Court’s doorstep in 1943, the earlier Gobitis decision was reversed.
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. If there are any circumstances which permit an exception, they do not now occur to us.
Jehovah’s Witnesses, and all other Americans, thereby have the right to refuse to say what they and their faith consider to be a vain oath.
And that, boys and girls, is what the First Amendment means.
Before we move past remembrances of D-Day, let’s take a moment to think about and memorialize the soldiers who fought there, so many of whom died there.
From the National Guard's feature, This Day in National Guard History: "Circular written by General Dwight D. Eisenhower explaining the importance of the Normandy invasion on winning the war. These were distributed to every member of the attacking force the night prior to the D-Day landings. Sergeant J. Robert "Bob" Slaughter, a Guard member of Virginia's Company D, 116th Infantry, passed his copy around among the members of Company D to get their signatures (front and back) as they waited to load aboard the landing craft that would take them to Omaha Beach. By nightfall of June 6, about half of these men were dead or wounded. Courtesy John R. Slaughter"
Normandy, France — The Allied invasion of France, commonly known as “D-Day” begins as Guardsmen from the 29th Infantry Division (DC, MD, VA) storm onto what will forever after be known as “bloody Omaha” Beach. The lead element, Virginia’s 116th Infantry, suffers nearly 80% casualties but gains the foothold needed for the invasion to succeed. The 116’s artillery support, the 111th Field Artillery Battalion, also from Virginia, loses all 12 of its guns in high surf trying to get on the beach. Its men take up arms from the dead and fight as infantrymen. Engineer support came from the District of Columbia’s 121st Engineer Battalion. Despite high loses too, its men succeed in blowing holes in several obstacles clearing paths for the men to get inland off the beach. In the early afternoon, Maryland’s 115th Infantry lands behind the 116th and moves through its shattered remnants to start the movement in off the beach. Supporting the invasion was the largest air fleet known to history. Among the units flying missions were the Guards’ 107th (MI) and 109th (MN) Tactical Reconnaissance Squadrons The Normandy campaign lasted until the end of July with four Guard infantry divisions; the 28th (PA), 29th, 30th (NC, SC, TN) and the 35th (KS, MO, NE) taking part along with dozens of non-divisional units all earning the “Normandy” streamer.
In a drawer in a file box in the U.S. Patent Office in Washington, D.C., is a study in black ink on white paper, lines that resemble those images most of us have of the first Wright Bros. flyer, usually dubbed “Kittyhawk” after the place it first took to the air.
Drawing 1 from patent granted to Orville Wright for a flying machine
The patent was issued on May 22, 1906, to Orville Wright, Patent No. 821393, for a “flying machine.”
It makes more sense if you turn the drawing on its side.
Wright Bros. flying machine, from patent drawing
Why did it take three years to get the patent issued?
TO RICHARD HENRY LEE
Dear Dickey:
I thank you very much for the pretty picture book you
gave me. Sam asked me to show him the pictures and I
showed him all the pictures in it; and I read to him how
the lame elephant took care of the master’s little son. I
can read three or four pages sometimes without missing
a word. Ma says I may go to see you and stay all day
with you next week if it be not rainy. She says I may
ride my pony Hero if Uncle Sam will go with me and lead
Hero. I have a little piece of poetry about the picture
book you gave me, but I mustn’t tell you who wrote the
poetry.
G. W.’s compliments to R.H.L.,
And likes his book full well,
Henceforth will count him his friend,
And hopes many happy days he may spend.
Your good friend,
George Washington
Letter to a very young Richard Henry Lee, from a very young George Washington
It’s one of the earliest samples of George Washington’s writing we have. I don’t have a date for the letter, but it is likely to have been prior to 1743, when his father died. This letter was probably written before George was 11.
Can you imagine George Washington as a giggling little boy? He was. We have the letters to prove it. I like this letter simply because it offers a view of George Washington too rarely thought of or talked about.
That these two men were childhood friends is a delightful little historical nugget.
Grant Wood's famous 1939 painting illustrating Parson Weems telling the story of George Washington's honesty. "Parson Weems' Fable" hangs in the Amon Carter Museum in Fort Worth, Texas.
Maybe some of your troubling students will grow up good and honest, too. Do we know what would push our students to be such model citizens? Do we know what influenced Washington?
Adult influences in Washington’s early life were not so good as some might imagine. His father died when he was 11. At some point he became estranged from his mother, with her repeated accusations that all her children ignored her (to Washington’s great embarrassment). Washington’s other great adult male influence was his half-brother Lawrence. George was sent to live with his Lawrence, but Lawrence died in 1752, when George was turning 20. Also, Washington got little direction from him after he went to sea with the British.
By the time he was 20, Washington was a military commander in the Virginia militia, making adult decisions and living in an adult world. Where did his childhood go? What was it that enabled him to pick himself up and aspire to greatness so often, in so many different ways? What was it bent the twig of the childhood Washington, who grew into the great man the adult Washington became?
You can find this letter in William B. Allen’s George Washington, A Collection, 1998 Liberty Fund. Liberty Fund wishes to spread these works as far as possible, and so has made the book available on-line. It is loaded with materials great for DBQs in AP classes, and other readings that should inspire discussion by students and assignments from teachers that make students think.
He may not have chopped down a cherry tree, but Washington most certainly was a child. What will our students make of this letter?
Spread the word; friends don't allow friends to repeat history.
Everybody needs to have a copy of the Declaration of Independence and U.S. Constitution close at hand.
Original rough draft of the Declaration of Independence written out in longhand by Thomas Jefferson, featuring “emendations” by Benjamin Franklin and John Adams – Library of Congress Manuscripts Division
Too often I’ve been in classes where textbooks didn’t have them, though in some cases the course clearly required it (especially irritating in high school texts, but not unheard of in college texts). The two documents are covered in depth in the requirements for Texas 10th grade social studies (world history), but not in the texts.
Both documents provide a foundation for analysis of events following, through the 19th and 20th centuries.
Where is the student of world history to find them?
In 1878 the creation of a practical long-burning electric light had eluded scientists for decades. With dreams of lighting up entire cites, Edison lined up financial backing, assembled a group of brilliant scientists and technicians, and applied his genius to the challenge of creating an effective and affordable electric lamp. With unflagging determination, Edison and his team tried out thousands of theories, convinced that every failure brought them one step closer to success. On January 27, 1880, Edison received the historic patent embodying the principles of his incandescent lamp that paved the way for the universal domestic use of electric light.
(Information excerpted from American Originals by Stacey Bredhoff; [Seattle and London; The University of Washington Press, 2001] p. 62–63.
Our Documents grew out of the National Archives list of 100 milestone documents important to American history — Edison’s patent application was voted one of the top 100. Our Documents is now a joint exercise combining the efforts of the National Archives, National History Day, and USA Freedom Corps.
Page from Edison's application for patent for an "electric lamp" - National Archives
Spread the word; friends don't allow friends to repeat history.
January 24 marks the anniversary of the granting of the patent for the microwave oven, “Method of treating foodstuffs.” Do your texts even refer to this by-product of World War II? What benefits of microwave ovens can your students come up with? Will they offer the apocryphal question about how Native Americans could possibly have invented popcorn with their wood-fired microwave ovens?
Dr. Percy L. Spencer noted that a chocolate bar in his shirt pocket had melted when he was working around an operating radar tube, at Raytheon Corp., during World War II (the patent application for microwave cooking was filed on October 8, 1945). With a little experimentation, he determined the microwaves from the radar tube were rapidly cooking things — think exploding egg, think popping corn.
Drawing from the patent of the microwave oven, granted to Percy L. Spencer on January 24, 1950; courtesy the Southwest Museum of Engineering, Communications and Computation
One of the problems Spencer had to overcome was that radar tubes cooked foods way too fast. He had to tune the magnetron tubes to produce wavelengths with less energy, to heat food more slowly so the cooking could be controlled. Spencer explained this process of invention in the first page of text on the patent itself.
Perhaps one could create an interesting DBQ with only patents, tracing radio and radar through the microwave oven.
This is one device you probably can demonstrate safely in any history classroom.
BBC H2G2 backgrounder on patents (remember that regulation of the patent process is one of the express powers of Congress from Article I of the Constitution)
Five weeks away from the inauguration of Barack Obama, I wonder what Oring’s postcards could tell us? Where is she now?
Check out her website, I Wish to Say. Maybe your classroom could support a similar project from your students. What do these cards tell us about Americans? What do they tell us about our electoral process? What do they tell us about our hopes and fears? DBQ, anyone?
Two of several hundred postcards from Americans, collected by Sheryl Oring (and typed by her) to send to "the next president" -- who we now know will be Barack Obama.
There’s more. This one post could be the source for a fun Documents Based Question for practice in an AP class, history or economics — maybe English, too?
Spread the word; friends don't allow friends to repeat history.
Look at this photo. It’s a shot of the crowd gathered in St. Louis on October 19 to see and hear Barack Obama — about 100,000 people. Study the buildings in the photo.
Supporters of Barack Obama rally in St. Louis, Missouri, on October 19, 2008
See the building with the green dome? Recognize it?
If you look in the distance there, you can see a building with a greenish-copper dome. That’s the Old St. Louis Courthouse. For years and years, slaves were auctioned on the steps of that courthouse.
The Old Courthouse used to be called the St. Louis State and Federal Courthouse.
Back in 1850, two escaped slaves named Dred and Harriett Scott had their petition for freedom overturned in a case there. Montgomery Blair took the case to the US Supreme Court on Scott’s behalf and had Chief Justice Roger Taney throw it out because, as he wrote, the Scotts were ‘beings of an inferior order, and altogether unfit to associate with the white race, either in social or political relations, and so far inferior that they had no rights which the white man was bound to respect.’
Hard to imagine, isn’t it?
What is rather uplifting is that, 158 years later, the man who will most likely be the first black US President was able to stand outside this very same courthouse and gather that crowd. Today, America looked back on one of the darkest moments in its history, and resoundingly told Judge Taney to go to hell.
That case is the first one I thought of when Sarah Palin got caught by Katie Couric unable to explain Supreme Court decisions with which she might have disagreed. In re Dred Scott is right at the top of my list, and generally on the tip of my tongue. We fought a great and bloody war to overturn that decision, amended the Constitution, bore another 100 years of atrocities, then passed the Civil Rights Act of 1964 and the Voting Rights Act of 1965, all to blot out the dreadful decision those conservative, activist judges wrought on the nation.
Kaeton posted the photo and comments last Saturday, before Freedom Tuesday when we voted as nation to clean up even more of the mess of the Dred Scott case.
History teachers: I’ll wager that’s a photo you can get cheap, to blow up to poster size for your classrooms. You ought to do it. Students should not only understand history, they ought also be able to take delight in watching it unfold, especially when justice comes out of the unfolding.
Found the photo and post, with a tip of the old scrub brush to Blue Oregon, while looking at the astounding number of literary and history allusions in Obama’s unique victory speech, in which he talked about Americans trying to “bend the arc of history.” I knew I’d heard that line before. It’s from Martin Luther King, who saidm “The arc of history is long, but it bends toward justice.” (Where did he say that? When?)
Those allusions, and the speech, may be a topic for another post.
A cartoon from April 1850 shows how raw were some of the emotions among national leaders, especiallyi n the Senate. It illustrates an incident that occurred April 17, 1850, when Sen. Henry S. Foote of Mississippi drew a pistol on Missouri’s Sen. Thomas Hart Benton. Elektratig used the cartoon to illustrate his post; it’s good enough to repeat here.
Cartoon by Edward Williams Clay, from the Library of Congress Collection. LOC Summary: A somewhat tongue-in-cheek dramatization of the moment during the heated debate in the Senate over the admission of California as a free state when Mississippi senator Henry S. Foote drew a pistol on Thomas Hart Benton of Missouri. In the cartoon Benton (center) throws open his coat and defiantly states, "Get out of the way, and let the assassin fire! let the scoundrel use his weapon! I have no arm's! I did not come here to assassinate!" He is attended by two men, one of them North Carolina senator Willie P. Mangum (on the left). Foote, restrained from behind by South Carolina's Andrew Pickens Butler and calmed by Daniel Stevens Dickinson of New York (to whom he later handed over the pistol), still aims his weapon at Benton saying, "I only meant to defend myself!" In the background Vice President Fillmore, presiding, wields his gavel and calls for order. Behind Foote another senator cries, "For God's sake Gentlemen Order!" To the right of Benton stand Henry Clay and (far right) Daniel Webster. Clay puns, "It's a ridiculous matter, I apprehend there is no danger on foot!" Visitors in the galleries flee in panic.
Real history: Stranger than you can imagine.
Spread the word; friends don't allow friends to repeat history.
October 31 hosts several famous anniversaries. It is the anniversary of Nevada’s statehood (an October surprise by Lincoln for the 1864 campaign?). It is the anniversary of the cleaving of western, catholic Christianity, as the anniversary of Martin Luther’s tacking his 95 theses to the door of the church in Wittenburg, Germany in 1517, the formal start of the Reformation. Maybe the original Christian trick or treat.
U.S.S. Reuben James sinking, October 31, 1941 - National Archives photo
October 31 is also the anniversary of the sinking of the World War I era Clemson-class, four-stack destroyer, U.S.S. Reuben James, by a German U-boat. Woody Guthrie memorialized the sad event in the song, Reuben James, recorded by the Almanac Singers with PeteSeeger (see also here, and here), and later a hit for the Kingston Trio. The Reuben James was sunk on October 31, 1941 — over a month before the Japanese attack on Pearl Harbor. Details via Wikipedia (just to make you school librarians nervous):
This history figures into the current presidential campaign in a small way: One of the internet hoax letters complaining about Barack Obama claims that the U.S. entered World War II against Germany although the Germans had not fired a single round against the U.S. The 115 dead from the crew of 160 aboard the James testify to the inaccuracy of that claim, wholly apart from the treaty of mutual defense Germany and Japan were parties to, which required encouraged Germany to declare war upon any nation that went to war with Japan (see comments from Rocky, below). After the U.S. declaration of war on Japan, Germany declared war on the U.S., creating a state of war with Germany.
This history also reminds us that many Americans were loathe to enter World War II at all. By October 1941, Japan had been occupying parts of China for ten years, and the Rape of Nanking was four years old. The Battle of the Atlantic was in full swing, and the Battle of Britain was a year in the past, after a year of almost-nightly bombardment of England by Germany. Despite these assaults on friends and allies of the U.S., and the losses of U.S. ships and merchant marines, the U.S. had remained officially neutral.
Many Americans on the left thought the sinking of the Reuben James to be the sort of wake-up call that would push Germany-favoring Americans to reconsider, and people undecided to side with Britain. The political use of the incident didn’t have much time to work. Five weeks later Japan attacked Pearl Harbor, and by the end of 1941, the U.S. was at war with the Axis Powers.
Letter to the U.S. Navy asking the fate of friends aboard the U.S.S. Reuben James, November, 1941
Telegram informing his family of the death of Gene Guy Evans, of Norfolk, Virginia, lost in the torpedoing of the U.S.S. Reuben James
The Kingston Trio sings, as the names of the dead scroll:
Spread the word; friends don't allow friends to repeat history.
President Lyndon B. Johnson looks on as U.S. Secretary of State Dean Rusk prepares to join foreign ministers from more than 50 other nations in signing the Nuclear Nonproliferation Treaty, July 1, 1968. Photo from the LBJ Presidential Library, Austin, Texas, via the Nuclear Archive.
Another missed anniversary — but a found archive of original documents on a key issue of our time which has flared up into worldwide controversy in the past year: On July 1, 1968, nations that had nuclear weapons and nations capable of making such weapons — more than 50 nations total — joined in the Nuclear Nonproliferation Treaty (NPT) designed to discourage anyone else from getting “the bomb.” In the past 40 years, few other arms treaties, or any treaties, have worked so well, reducing by two-thirds the potential growth of “the Nuclear Club.”
Signed into law on July 1, 1968, the historic Nuclear Nonproliferation Treaty (NPT) was a major step towards creating a world that had the potential to be a bit safer from the threat of nuclear annihilation. This particular collection of documents related to the NPT was brought together through the diligence of staff members at the Archive’s Nuclear Documentation Project and released to the public in July 2008. The site starts off with a narrative essay which describes the backdrop to the signing of the NPT in 1968, along with offering a bit of additional context about the international political climate at the time. The site’s real gems are the 34 documents which include State Department cables, internal planning documents, and other items that reveal the nature of the political machinations involved with this process. [KMG]
Nuclear Archive does a good job itself — eminently readable, suitable for high school and maybe junior high:
Near the end of the protracted negotiations that produced the historic Nuclear Nonproliferation Treaty (NPT) 40 years ago, U.S. government officials warned that countries could legally reach “nuclear pregnancy” under the Treaty and then withdraw and quickly acquire nukes, according to declassified U.S. government documents published on the Web today by the National Security Archive (www.nsarchive.org).
The documents detail the well-known resistance to the NPT from countries like India (“China at her back, and Pakistan lurking on the sidelines”) but also from more unusual objectors such as Australia (concerned that the Western Pacific security situation might worsen) and Italy (unhappy about the “second-class status” of non-nuclear states). The documents suggest that the current crisis in the NPT system has deep historical roots, but also that current headlines overlook the long-term achievements of the NPT regime.
During the mid-1960s, prior to the NPT, U.S. intelligence had warned that as many as 15 countries had incentives to become nuclear weapons states but after the Treaty was signed, only five additional countries have developed such weapons (Israel, India, Pakistan, South Africa, and North Korea, while South Africa has renounced them). How much of an impact the Treaty had on keeping the numbers low can be debated, but the non-nuclear standard that it set remains a central goal of the world community to this date.
This is a fantastic source for student projects, for reports, for teachers putting together presentations, for students to read on the Cold War, on 1968, on nuclear weapons, on the Johnson administration, on foreign affairs and how treaties work and are negotiated.
Or, until that account is unsuspended by the forces supporting Donald Trump: Follow @FillmoreWhite, the account of the Millard Fillmore White House Library
We've been soaking in the Bathtub for several months, long enough that some of the links we've used have gone to the Great Internet in the Sky.
If you find a dead link, please leave a comment to that post, and tell us what link has expired.
Thanks!
Retired teacher of law, economics, history, AP government, psychology and science. Former speechwriter, press guy and legislative aide in U.S. Senate. Former Department of Education. Former airline real estate, telecom towers, Big 6 (that old!) consultant. Lab and field research in air pollution control.
My blog, Millard Fillmore's Bathtub, is a continuing experiment to test how to use blogs to improve and speed up learning processes for students, perhaps by making some of the courses actually interesting. It is a blog for teachers, to see if we can use blogs. It is for people interested in social studies and social studies education, to see if we can learn to get it right. It's a blog for science fans, to promote good science and good science policy. It's a blog for people interested in good government and how to achieve it.
BS in Mass Communication, University of Utah
Graduate study in Rhetoric and Speech Communication, University of Arizona
JD from the National Law Center, George Washington University
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