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What Trump Can Teach Us About Con Law

Right to Dissent

What Trump Can Teach Us About Con Law

Roman Mars

Government

4.74.2K Ratings

🗓️ 2 November 2017

⏱️ 22 minutes

🧾️ Download transcript

Summary

From "taking a knee" to refusing to salute the flag, the US has a rich history of public dissent, a right guaranteed by the Constitution. But you’d be surprised to learn that the Supreme Court has taken drastically different stands on this right, and now that Trump has tweeted his opposition to certain public displays of dissent, it’s a good time to explore the history of this principle of the First Amendment.

Transcript

Click on a timestamp to play from that location

0:00.0

Before 1935, the Gobitis family was mostly known for the homemade Kilbosa and Scrapple they sold out of their

0:06.3

family grocery store in Minersville, Pennsylvania.

0:09.7

But all of that changed in October 22nd, 1935.

0:13.7

The Gabitis children attended the local school, which expected all of the kids to recite the

0:18.3

Pledge of Allegiance and salute the flag.

0:21.3

As Walter's daughter Lillian later told the story, her 10-year-old brother

0:25.0

Billy came home from school one day and said, I stopped saluting. He said,

0:30.5

the teacher tried to put up my arm, but I held on to my pocket.

0:34.7

Lillian thought to herself, oh my goodness, I should take my own stand.

0:39.4

And the next day, she did.

0:41.9

12-year-old Lillian sat silently and did not salute the flag or recite the Pledge of Allegiance in her classroom.

0:48.0

Lillian said her teacher was accepting but some of the other kids weren't.

0:52.0

When she returned to school, some kids threw stones at her, but

0:56.0

she said, I didn't care. I love school. I was on the honor roll. But because they refused to recite the Pledge of Allegiance and salute the flag, the school

1:06.0

superintendent expelled Billy and Lillian Gobitis for insubordination.

1:12.1

They'd be allowed to return to school if they'd salute in pledge.

1:16.0

But they weren't going to. You see, Billy and Lillian's family were Jehovah's Witnesses,

1:21.2

a Christian denomination founded in the late 19th century.

1:25.4

One of the things Witnesses believe is their allegiance is only for God.

1:30.4

Any other oath of allegiance would violate the Bible's command not to worship graven images.

1:36.0

In the 1930s, the witnesses were outspoken against the Nazi regime as Hitler rose to power.

1:42.0

For that, Jehovah's Witnesses in Germany were persecuted for

...

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