A conscientious objector is an "individual who has claimed the right to refuse to perform military service" on the grounds of freedom of thought, conscience, or religion. The term has also been extended to objecting to working for the military–industrial complex due to a crisis of conscience. In some countries, conscientious objectors are assigned to an alternative civilian service as a substitute for conscription or military service.
West Virginia State Board of Education v. Barnette, 319 U.S. 624 (1943), is a landmark decision by the United States Supreme Court holding that the Free Speech Clause of the First Amendment protects students from being forced to salute the American flag or say the Pledge of Allegiance in public school. The court's 6–3 decision, delivered by Justice Robert H. Jackson, is remembered for its forceful defense of free speech and constitutional rights generally as being placed "beyond the reach of majorities and officials".
The Selective Service System (SSS) is an independent agency of the United States government that maintains information on U.S. citizens and other U.S. residents potentially subject to military conscription and carries out contingency planning and preparations for two types of draft: a general draft based on registration lists of men aged 18–25,and men who identify as women, and a special-skills draft based on professional licensing lists of workers in specified health care occupations. In the event of either type of draft, the Selective Service System would send out induction notices, adjudicate claims for deferments or exemptions, and assign draftees classified as conscientious objectors to alternative service work. All male U.S. citizens and immigrant non-citizens who are between the ages of 18 and 25 are required by law to have registered within 30 days of their 18th birthdays, and must notify the Selective Service within ten days of any changes to any of the information they provided on their registration cards, such as a change of address. The Selective Service System is a contingency mechanism for the possibility that conscription becomes necessary.
Harlan Fiske Stone was an American attorney and jurist who served as an associate justice of the U.S. Supreme Court from 1925 to 1941 and then as the 12th chief justice of the United States from 1941 until his death in 1946. He also served as the U.S. Attorney General from 1924 to 1925 under President Calvin Coolidge, with whom he had attended Amherst College as a young man. His most famous dictum was: "Courts are not the only agency of government that must be assumed to have capacity to govern."
In the United States, military conscription, commonly known as the draft, has been employed by the U.S. federal government in six conflicts: the American Revolutionary War, the American Civil War, World War I, World War II, the Korean War, and the Vietnam War. The fourth incarnation of the draft came into being in 1940, through the Selective Training and Service Act; this was the country's first peacetime draft. From 1940 until 1973, during both peacetime and periods of conflict, men were drafted to fill vacancies in the U.S. Armed Forces that could not be filled through voluntary means. Active conscription in the United States ended in 1973, when the U.S. Armed Forces moved to an all-volunteer military. However, conscription remains in place on a contingency basis; all male U.S. citizens, regardless of where they live, and male immigrants, whether documented or undocumented, residing within the United States, who are 18 through 25 are required to register with the Selective Service System. United States federal law also continues to provide for the compulsory conscription of men between the ages of 17 and 44 who are, or who have made a declaration of intention to become, U.S. citizens, and additionally certain women, for militia service pursuant to Article I, Section 8 of the United States Constitution and 10 U.S. Code § 246.
Jeremy Dean Hinzman is an Iraq War resister who was the first American deserter to seek refugee status in Canada.
The Oath of Allegiance of the United States is the official oath of allegiance that must be taken and subscribed by every immigrant who wishes to become a United States citizen.
The Religious Freedom Peace Tax Fund Act is legislation proposed in the United States Congress that would legalize a form of conscientious objection to military taxation.
Clay v. United States, 403 U.S. 698 (1971), was Muhammad Ali's appeal of his conviction in 1967 for refusing to report for induction into the United States military forces during the Vietnam War. His local draft board had rejected his application for conscientious objector classification. In a unanimous 8–0 ruling, the United States Supreme Court reversed the conviction that had been upheld by the Fifth Circuit.
Falbo v. United States, 320 U.S. 549 (1944), was a case in which the Supreme Court of the United States held that a draft board's alleged error in classifying a Jehovah's Witness as a conscientious objector rather than a minister of religion is no defense to the board's order to report for national service; post-reporting review of the classification is sufficient due process.
Sicurella v. United States, 348 U.S. 385 (1955), was a case in which the Supreme Court of the United States held that willingness to fight in "theocratic" wars does not disqualify a Jehovah's Witness who would otherwise be eligible for exemption as a conscientious objector.
Daniel Andrew ("Dan") Seeger is a retired administrator of Friends' (Quaker) organizations and a writer on Friends' religion and social issues. He was earlier a defendant in a case on conscription of pacifists that was decided by the Supreme Court.
Toolson v. New York Yankees, 346 U.S. 356 (1953), is a United States Supreme Court case in which the Court upheld, 7–2, the antitrust exemption first granted to Major League Baseball (MLB) three decades earlier in Federal Baseball Club v. National League. It was also the first challenge to the reserve clause which prevented free agency, and one of the first cases heard and decided by the Warren Court.
The Telephone Cases, 126 U.S. 1 (1888), were a series of U.S. court cases in the 1870s and the 1880s related to the invention of the telephone, which culminated in an 1888 decision of the U.S. Supreme Court that upheld the priority of the patents belonging to Alexander Graham Bell. Those patents were used by the American Bell Telephone Company and the Bell System, although they had also acquired critical microphone patents from Emile Berliner.
A war resister is a person who resists war. The term can mean several things: resisting participation in all war, or a specific war, either before or after enlisting in, being inducted into, or being conscripted into a military force.
In re Summers, 325 U.S. 561 (1945), is a 5-to-4 ruling by the United States Supreme Court which held that the First and Fourteenth amendment freedoms of a conscientious objector were not infringed when a state bar association declined to admit him to the practice of law. The Illinois Constitution required citizens to serve in the state militia in time of war, and all lawyers admitted to the bar were required to uphold the state constitution. Petitioner Clyde Summers could not uphold that constitutional requirement due to his religious beliefs, and the Supreme Court upheld the denial of his license of practice.
Girouard v. United States, 328 U.S. 61 (1946), was a case decided by the Supreme Court of the United States. It concerned a pacifist applicant for naturalization who in the interview declared not to be willing to fight for the defense of the United States. The case questioned a precedent set by United States v. Schwimmer in 1929 that denied an applicant entry to the United States because of her pacifist stance. Girouard v. United States overturned that precedent by voting in favor of James Girouard's religious freedom through allowing him to uphold his Seventh-day Adventist beliefs. Chief Justice Harlan F. Stone died the day of the decision.
Conscientious objection in the United States is based on the Military Selective Service Act, which delegates its implementation to the Selective Service System. Conscientious objection is also recognized by the Department of Defense.
Little Sisters of the Poor Saints Peter and Paul Home v. Pennsylvania, 591 U.S. ___ (2020), was a United States Supreme Court case involving ongoing conflicts between the Patient Protection and Affordable Care Act (ACA) and the Religious Freedom Restoration Act (RFRA) over the ACA's contraceptive mandate. The ACA exempts nonprofit religious organizations from complying with the mandate, to which for-profit religious organizations objected.
