Editing Free Exercise Clause (section)

==Jehovah's Witnesses cases==
During the twentieth century, many major cases involving the Free Exercise Clause were related to [[Jehovah's Witnesses]]. Many communities directed laws against the Witnesses and their preaching work. From 1938 to 1955, the organization was involved in over forty cases before the Supreme Court, winning a majority of them. The first important victory came in 1938, when in ''[[Lovell v. City of Griffin]]'', the Supreme Court held that cities could not require permits for the distribution of pamphlets. In 1939, the Supreme Court decided ''[[Schneider v. Town of Irvington]]'', in which it struck down anti-littering laws that were enforced only against Jehovah's Witnesses who were handing out pamphlets. In 1940, the Court considered ''[[Cantwell v. Connecticut]]''; the plaintiff, a Jehovah's Witness, was charged with soliciting donations without a certificate from the Public Welfare Council. The Council was to grant the certificate only if the organization requesting it was a charity or sponsored a religious cause. The Supreme Court ruled that any law granting a public body the function of determining if a cause is religious or not violates the First Amendment.<ref>{{cite web|title=A Delicate Balance: The Free Exercise Clause and the Supreme Court|url=http://www.pewforum.org/Church-State-Law/A-Delicate-Balance%283%29.aspx|work=Article/analysis|publisher=Pew Research center|access-date=May 4, 2012|archive-url=https://web.archive.org/web/20130116020433/http://www.pewforum.org/Church-State-Law/A-Delicate-Balance(3).aspx|archive-date=2013-01-16|date=October 24, 2007|series=Church-State Law}}</ref>

In 1940, the Supreme Court decided in ''[[Minersville School District v. Gobitis]]'' that members of the Jehovah's Witnesses in a school could be required to salute the flag.  The ruling in ''Gobitis'', however, did not stand for long.  In 1943, ''[[West Virginia State Board of Education v. Barnette]]'', the Supreme Court essentially reversed its previous opinion.  [[Justice Frankfurter]] had, in the Gobitis case, suggested that the Witnesses attempt to reverse the School Board's policy by exercising their vote.  In the Barnette case, however, Justice [[Robert H. Jackson]] wrote, "the very purpose of the Bill of Rights was to withdraw certain subjects from the vicissitudes of political controversy, to place them beyond the reach of majorities ... One's right to life, liberty, and property, to free speech, a free press, freedom of worship and assembly, and other fundamental rights may not be submitted to vote."  The Supreme Court did not rule that the Pledge was unconstitutional; rather, they held that students may not be compelled to recite it.

In 1981, the Supreme Court held in ''[[Thomas v. Review Board of the Indiana Employment Security Division]]'' that [[Indiana]]'s denial of unemployment benefits to Thomas, a Jehovah's Witness, violated the Free Exercise Clause.  The Court said that the [[Indiana Supreme Court]] had incorrectly characterized Thomas's decision to quit his job due to his religious beliefs as merely a "philosophical" choice.<ref name="450 U.S. 707">''Thomas v. Review Bd. of Indiana Employment Sec. Div.'', {{ussc|volume=450|page=707|pin=|year=1981}}.</ref>