Editing First Amendment Sullivan/Outline
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o So, in seeking to limit the holding to avoid the problems Frankfurter identified in ''Gobitis'' (setting Court up as arbiter of legitimate religious belief), Jackson potentially opens the door to a number of equally problematic F/S claims | o So, in seeking to limit the holding to avoid the problems Frankfurter identified in ''Gobitis'' (setting Court up as arbiter of legitimate religious belief), Jackson potentially opens the door to a number of equally problematic F/S claims | ||
o '' | o ''Minersville School District v. Gobitis'' (U.S. 1940, p.S-1): | ||
§ NOTE: ∆’s envision this as a F/E claim not a F/S claim because they view the conduct at issue as religious, not expressive; for ∆, refusing to salute the flag is an exercise of their religion | § NOTE: ∆’s envision this as a F/E claim not a F/S claim because they view the conduct at issue as religious, not expressive; for ∆, refusing to salute the flag is an exercise of their religion |