In celebration of Constitution Day, WMU-Cooley Law School's Lansing campus held a series of events highlighting the First Amendment and other Constitutional issues surrounding the current furor with athletes protesting during the national anthem.
On Friday, Sept. 14, the Black Law Students Association (BLSA) hosted a discussion about the issues surrounding Nike and former NFL player Colin Kaepernick and tennis superstar Serena Williams.
Continuing with BLSA's theme, Associate Dean and Constitutional Law Professor Michael C.H. led a discussion on Monday, Sept. 17, about Supreme Court cases from 1940 and 1943. McDaniel's discussion drew comparisons from then to today's controversies.
McDaniel first explained Minersville School District v. Gobritis. In that 1940 case, Lillian and William Gobritis were expelled from school in Minersville, Pennsylvania, for refusing to salute the flag because of religious beliefs. With assistance from the ACLU the Gobritis family prevailed in district court and at the Third Circuit Court of Appeals. The Supreme Court later ruled in favor of the school district, stating the flag is a patriotic symbol and requiring the salute did not infringe on speech or religion.
McDaniel then shared how in 1943, the West Virginia legislature mandated all schools teach civics, and the State Board of Education required students and teachers to salute the flag and recite the pledge of allegiance each day. West Virginia State Board of Education v. Barnette was decided in the Supreme Court on Flag Day 1943, with the court stating such laws were "an unconstitutional interference with the free exercise of speech and religion," overturning the 1940 case.
Following the history of the Supreme Court's rulings regarding the salute of the flag, those in attendance took part in a discussion regarding whether NFL players' First Amendment rights would be violated by requiring players to stand during the National Anthem.
"Constitution Day, and discussions like these remind us not only of the history of our Constitution, but its importance and applicability to the present, as we apply the Court's interpretations to our current issues," said McDaniel.
Published: Fri, Sep 21, 2018
