The Persistence of Tyranny

by | Feb 18, 2018

The Persistence of Tyranny

by | Feb 18, 2018

US Supreme Court | Pixabay

Seventy-five years ago this June, the United States Supreme Court corrected its own grave moral and legal error and ruled that the government could not compel Jehovah’s Witnesses to salute the flag and take the Pledge of Allegiance at school. Justice Jackson’s stirring words were a watershed moment in American recognition of individual liberty in the face of government demands for uniformity:

If there is any fixed star in our constitutional constellation, it is that no official, high or petty, can prescribe what shall be orthodox in politics, nationalism, religion, or other matters of opinion or force citizens to confess by word or act their faith therein. If there are any circumstances which permit an exception, they do not now occur to us.

A majority of the court thus retreated from its ignominious endorsement of thought control three years earlier:

A society which is dedicated to the preservation of these ultimate values of civilization may in self-protection utilize the educational process for inculcating those almost unconscious feelings which bind men together in a comprehending loyalty, whatever may be their lesser differences and difficulties.

These decisions came not in a vacuum, but in an era of brutal and largely forgotten persecution of Jehovah’s Witnesses in America, which I discussed in the first episode of the “Make No Law” Podcast. You could call this tyranny, but the persecution was not committed by an abstraction. The people who abused those Americans were their neighbors, their fellow citizens, their equals before the law. The men on the Supreme Court who initially endorsed — and arguably encouraged — the abuse were just men, a collection of individuals rather than icons.

Read the rest at the Popehat blog.

Our Books

Shop books published by the Libertarian Institute.

Podcasts

scotthortonshow logosq

coi banner sq2@0.5x

liberty weekly thumbnail

Don't Tread on Anyone Logo

313x0w (1)

313x0w (1)

313x0w (1)

Our Books

Recent Articles

Recent

The War Party Is Out of Ideological Ammunition

The War Party Is Out of Ideological Ammunition

Tucker Carlson haters lie because they have to lie. Mark Levin, Senator Lindsey Graham (R-SC) and company get on their stages and behind their microphones and claim that he's some vicious anti-semite, attempting to make any association with him permanently toxic and...

read more
TGIF: Separating Powers

TGIF: Separating Powers

We may be sure that the "separation of powers" doctrine is of no interest to the vulgar egotist currently residing in the White House, which happens to be undergoing the most glorious renovation the world has ever known. Or so we hear. But it stands to reason that the...

read more

Pin It on Pinterest

Share This