Griffin Smith

“ To the objection that free speech may lead to the propagation of error, the answer is that truth is able to take care of itself in a contest, and that, in an atmosphere of freedom, error will be detected and exposed and the truth will eventually prevail. ”

“ In spite of my own lack of sympathy with appellant's attitude, irrespective of an entrenched belief that a country would not endure if peopled by men entertaining the ideas appellant expounded as interpreted by the state, the fact remains that we are engaged not only in a war of men, machines, and materials, but in a contest wherein liberty may be lost if we succumb to the ideologies of those who enforce obedience through fear, and who would write loyalty with a bayonet. ”

“ That at any rate is the theory of our constitution. It is an experiment, as all life is an experiment. Every year if not every day we have to wager our salvation upon some prophecy based upon imperfect knowledge. While that experiment is part of our system I think that we should be eternally vigilant against attempt to check the expression of opinions we loathe and believe to be fraught with death, unless they so imminently threaten immediate interference with the lawful and pressing purposes of the law that an immediate check is desired to save the country. ”

“ They have mouths, but they speak not: eyes they have, but they see not. They have ears, but they hear not, noses have they, but they smell not. They have hands, but they handle not: feet have they, but they walk not. . . ."
Interpreting the psalm and other biblical authority, appellant thought he was commanded to bow to God and to God only:—"That was my sincere belief. The Bible says not to even salute your friend, but to call him only by name. It says, 'Claim thy friend by name.'
"It was my conviction that to salute the flag or any other like emblem would be contrary to the Bible. ”

“ I think that under the "responsibility" provision of § 6 the general assembly was authorized to prohibit a citizen from engaging in conduct which shows public contempt for the flag, but I do not believe that in the circumstances of this case it was appellant's intention to do so.
December 10, 1941, Attorney General Francis Biddle said: "The United States is now at war. Every American will share in the task of defending our country. It is essential at such a time that we keep our heads, keep our tempers—above all, that we keep clearly in mind what we are. ”

“ An impulsive declaration by one suddenly confused or confounded that the flag means nothing to him (assuming, for the purpose of this discussion, that appellant made such comment) is at most a method of emphasizing ignorance. If to the remark is coupled the further assertion that appellant characterized Old Glory as a rag, still consideration must be given the undisputed evidence that in thus designating the object of controversy appellant modified his meaning with the explanation that because the flag was something inanimate he could not how down and worship it. ”

“ The noble utterances of President Wilson at the beginning of our war with Germany are clearly recalled:—"An unwillingness even to discuss these matters produces only dissatisfaction and gives comfort to the extreme elements in our country which endeavor to stir up disturbances in order to provoke governments to embark upon a course of retaliation and repression. The seed of revolution is repression." ”

“ By § 6, art. 2, those who framed the state constitution of 1874 wrote that liberty of the press should forever remain inviolate, and "The free communication of thoughts and opinions is one of the invaluable rights of man; and all persons may freely write and publish their sentiments on all subjects, being responsible for the abuse of such right." ”

“ Some related to appellant's patriotism, or "loyalty," as she expressed it; others had to do with a suspicion that Johnson was dividing donated groceries with Jehovah's Witnesses. When asked whether she bad instructions from any superior officer ". . . not to let Jehovah's Witnesses have commodities unless they saluted the flag," Mrs. Cooper replied: "No cult was named. They were sworn by affidavits that you wouldn't receive any unless they were a loyal American citizen." ”

“ When crimes are defined by such generic terms, instead of by specific acts, the jury becomes the sole judge, whether men shall or shall not be punished. Most of the jurymen have sons in the war. They are all under the power of the passions which war engenders. ”

“ Madison once remarked, in discussing tendencies of governmental encroachment:—"It is proper to take alarm at the first experiment upon our liberties. We hold this prudent jealousy to be the first duty of citizens and one of the noblest characteristics of the late revolution. The freemen of America did not wait until usurped power had strengthened itself by exercise and entangled the question in precedents. ”

“ I think saluting the flag comes under being a loyal American citizen."
The situation seems to have been this: Mrs. Cooper had certain beliefs regarding loyalty. Saluting the flag was evidence of patriotism. The jury, without objection, was permitted to be told what this witness thought Act 64 applied to, as distinguished from the court's instructions regarding the law; and she assumed the burden of dissipating or confirming the disquieting stories gossip had conveyed. According to Mrs. Cooper, she said to appellant:—"To quiet the rumor, there is the flag: let's see you salute it." ”

“ The enemy lies attacked more than the soil of America. He has attacked our institutions, our freedoms, the principles on which this nation was founded and has grown Jo. greatness. Every American must remember that the war we wage today is defense of these principles. ”

“ The essential dignity of man's nature depends upon his relation to the infinite, and this depends upon his right to worship God according to the dictates of his own conscience. The free expression of his thought and the right to share that thought with others are necessary to his intellectual growth and happiness. Free expression of views . ”

“ Neighbor no longer inveighs against neighbor through fear of the evil eye.
Mr. Justice Mehaffy concurs in this dissent.
↑ In making the so-called speech, appellant stood in the doorway, or near it, ". . . over which the flag hung." ↑ Ogle Horton, WPA commissary clerk, testified appellant's words were:—"Gentlemen, you can't get your commodities unless you salute this flag. It is nothing but a piece of rag. I don't believe in anything: I don't believe, in any kind of church." On cross-examination the witness added that appellant said:—"I don't believe in any church, and I thank God for that. ”

“ He made those assertions in very harsh words." ↑ W. E. Tharp, witness for appellant, testified that Johnson said:—"This flag means as much to me as anybody else. My forefathers fought for the flag. It doesn't smell, taste, talk, nor walk." Concluding, Tharp said:—"That is all I heard Johnson say. Mrs. Cooper told him to leave the premises, and he did so." ↑ General Sir E. Hamley, referring to the colors of the Forty-third Monmouth Light Infantry, wrote:
"A moth-eaten rag on a worm-eaten Pole,
It does not look likely to stir a man's soul. ”