This section contains the nature of the case and procedural background.

Lillian and William (Ps), aged twelve and ten, were expelled from the public schools of D for refusing to salute the national flag as part of a daily school exercise. The local Board of Education required both teachers and pupils to participate in this ceremony. Ps were denied a free education, and their parents had to put them into private schools. Ps were Jehovah’s Witnesses and refusing to salute the American flag was against their religion. The father, on behalf of the children and in his own behalf, brought this suit for violation of their First Amendment rights. Judge Maris gave relief in the District Court, and his decree was affirmed by the Circuit Court of Appeals. The Supreme Court granted certiorari

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