On Jehovah's Witnesses And The Strengthen Protection Of The First Amendment's Freedoms

From latter of 1930s to middle of 1940s, 39cases which are involved into the Jehovah's Witnesses' freedom of religion, speech and press are appealed into the Supreme Court of United States through lower federal courts system and state courts system. The Court dealt with most of these cases and delivered the verdicts on them. The opinions about the cases not only protected the individual freedoms of Jehovah's Witnesses, but also strengthened the protection of the freedoms of speech and press, which are guaranteed by the First Amendment. Theses cases and opinions demonstrated Court was changing and putting their attentions into the field of individual freedoms and rights' protection instantly for a long time, even until now. This thesis is divided into five parts.Part one deals with the Jehovah's Witnesses' unique attitudes towards the temporal government and the situation of State and local governmental protection of individual religious freedom.Jehovah's Witnesses is a denomination which was founded in the process of "Adventists Movement" in 19th century, its former is "Bible Students". According to the principles and doctrines in the Bible, Jehovah's Witnesses thought that people should put the God's worship at the first place of daily life rather than the obeying the temporal governmental rules. When there are conflicts between the God's worship and the temporal governmental rules, they must obey God as ruler rather than men. Until middle of 1930s, the state and local government took responsibility for the protection of individual religious freedom traditionally. Federal government seldom touched into this field.Part two concerns about the rising of the public patriotic enthusiasm and the challenges for the "Flag Salute" from the Jehovah's Witnesses.1939, World WarⅡhad been broke out and enlarged constantly. As America involved into the process of World WarⅡdeeper and deeper, more and more people had raised public patriotic enthusiasm, which forced on the compulsory flag salute in the public schools' daily life. Lillian and William Gobitis, two children of Jehovah's Witnesses Walter and Ruth Gobitis, believed that flag salute is idolatry which was conflicted with the "unique worship to the God" principle and was prohibited by the God in the Bible accordingly. Compulsory flag salute had violated with their freedom of religion and conscience.Part three discusses serious persecution for the Jehovah's Witnesses and the changing attitudes of the liberal Justices in the Supreme Court.1940, after the Supreme handed down the opinion of Minersville Sch. Dist. v. Board of Educ, Supreme supported the regulations of the compulsory flag salute in the public schools issued by the Education Committee of Minersville, and denied the claims which the Jehovah's Witnesses had brought up in the process of oral argument. As handing down the opinion of Minersville Sch. Dist. v. Board of Educ, serious attacks and persecutions were toward the Jehovah's Witnesses all over the U.S., and leaded riots in some areas. On the one hand, in order to face the ever serious attacks and persecutions, Jehovah's Witnesses had to arm the Constitution and laws as the weapon to deal with the seriously terrible situations. They appealed dozens of cases which involved with their protections of religious, speech and press freedoms into the Supreme Court in a very short time. On the other hand, as the leader of Justice Harlan Fisk Stone, some other justices felt sympathy with the poor Jehovah's Witnesses. In the process of judging these cases, their attitudes had been changing obviously. Mr. Stone addressed the doctrine of "preferred freedoms", and put the critical freedoms which was guaranteed by the First Amendment on the "preferred position".Part four talks about complete change of the Supreme Court and the change of the public attitude.1943, in the landmark case—West Virginia State Bd. of Educ. v. Barnette, theSupreme Court's attitude changed completely. Supreme Court overthrowed the preopinion in Minersville Sch. Dist. v. Board of Educ, during three years. The majorityJustices opened a new way to protect the Jehovah's Witnesses' religious freedoms, indirectly through protecting their speech freedom. In the same time, ordinary people's attitudes were changing obviously, public patriotic enthusiasm had been fading gradually. Enthusiastic people had been coming back to the rationality gradually too.Part Five makes some evaluations of the Constitutional cases about Jehovah's Witnesses and the strengthen protection of civil freedom and civil right.From 1938 to 1946, in the 39 cases involved with Jehovah's Witnesses, Supreme Court made decision for 23 out of 39 cases, and 17cases supported the claims of Jehovah's Witnesses, this improved the protection of the right of the free religious activity effectively. These cases not only protect the Jehovah's Witnesses' religious freedom, but also strengthen protection of the freedoms which is guaranteed by the First amendment. This whole process denominated the different jurisprudence in the later 20th century.