Love these little history lessons.In the 1940s, Jehovah's Witnesses weren't just unpopular and marginalized. They were seen as criminal and a threat to democracy. It was blasphemous enough that they preached there was no hell or trinity and went knocking on doors to say so. But they also refused to salute the flag or say the Pledge of Allegiance.
Lillian Gobitas was among thousands of Jehovah's Witness children expelled from public school for not saluting the flag. Her case (Minersville School District v. Gobitis) went to the Supreme Court and a fundamental question was asked: Should a free society force its citizens to engage in patriotic ritual? In 1940, the court said yes. National unity was at stake.
But Jehovah's Witnesses wouldn't comply, saying the flag salute is an idolatrous act of worship of a man-made symbol, which is forbidden by God. In response, mobs attacked Jehovah's Witnesses in 44 states, burned their houses of worship and beat them. First lady Eleanor Roosevelt spoke out against the violence. At the height of World War II, when the U.S. was fighting nationalism in Germany, where Jehovah's Witnesses were being sent to concentration camps for refusing to do the Nazi salute, the Supreme Court revisited the case (West Virginia State Board of Education v. Barnette). A stunning reversal was announced June 14, 1943 — Flag Day.
In 2010, the value Judge Walker saw in the Jehovah's Witness case was how Justice Robert Jackson in 1943 addressed the "tyranny of the majority," a problem that's been around since at least 1835 when Alexis de Tocqueville first wrote the phrase in his book, Democracy in America.
http://www.usatoday.com/news/opinion/forum/2010-08-06-engardio05_ST_N.htm