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.

libetarian institute longsleeve shirt

Our Books

cb0cb1ef 3fcb 417d 80d8 4eef7bbd8290

Recent Articles

Recent

TGIF: On the Importance of Undesigned Order

TGIF: On the Importance of Undesigned Order

Carl Menger, the founder of the Austrian approach to economics, was not the first or last thinker to see similarities between a society and a living organism, suggesting the existence of undesigned, spontaneous order. The names Adam Ferguson and Adam Smith, before...

read more
Bill Kristol vs. The Holy Father

Bill Kristol vs. The Holy Father

Recently when President Donald Trump shared an AI image of himself as the next pope in the wake of the death of Pope Francis, apparently in jest, it caused controversy. For neoconservative godson Bill Kristol, it created an opportunity to needle Vice President J.D....

read more
What Trump Misunderstands About William McKinley

What Trump Misunderstands About William McKinley

It’s no secret that one of Donald Trump’s favorite U.S. presidents is William McKinley, who led the country from 1897 until his assassination in 1901. Indeed, Trump recently changed the official name of Denali back to Mount McKinley in honor of the late president. In...

read more

Pin It on Pinterest

Share This