Minersville School District vs. Gobitis (1940) was heard by the US Supreme Court. This was the basic flag-salute case.
The loss is described in "Church, State and the Constitution" by George Goldberg (1987, ISBN 0-89526-794-2 347-302852 Publisher: Regnery Gateway):
"In the Supreme Court, briefs urging affirmance were filed on behalf of the Gobitis children by the ACLU and the Bill of Rights Committee of the American Bar Association, but the case continued to be handled directly by the Witnesses’ legal department. They had after all, already won two rounds of the legal battle without a single dissent. But a power struggle within the Witness leadership led to the dismissal of the lawyer who had successfully guided their efforts to the District and Circuit courts. The case was taken over by a national leader of the Witnesses who was a member of the bar but who was far more interested in the Word than in the law-or the Gobitis children. At oral argument in the Supreme Court he treated the Justices to a theological tirade which quite alienated them and in general abandoned the legal strategies which had worked so well for his predecessor."
Obviously, the WTS lost; it was an 8 to 1 decision. Several years of UNNECESSARY rioting and violence against JW’s followed.
The next major case on this subject was West Virginia State Bd. of Ed. v. Barnette (1943). This case went to the US Supreme Court after a loss by the West Virginia side was appealed. During this case, the SC referred back to the Gobitis case and upheld the Barnette win, six to three. This effectively reversed the Gobitis case.
Technically, the Gobitis case was never won; but the "merits" and the Constitutional rights were ultimately recognized by the Court in the later case. This was partly due to the extreme misbehavior of the populace in the interim and the "prevailing of cooler heads" in regarding the true considerations of justice.
Mustang
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