West Virginia State Board of Education v. Barnette
| West Virginia State Board of Education v. Barnette | |
|---|---|
| Argued March 11, 1943 Decided June 14, 1943 | |
| Full case name | West Virginia State Board of Education, et al. v. Walter Barnette, et al. |
| Citations | 319 U.S. 624 (more) |
| Case history | |
| Prior | Injunction granted, 47 F. Supp. 251 (S.D. W. Va. 1942) |
| Holding | |
| The Free Speech Clause of the First Amendment prohibits public schools from forcing students to salute the American flag and say the Pledge of Allegiance. United States District Court for the Southern District of West Virginia affirmed. | |
| Court membership | |
| |
| Case opinions | |
| Majority | Jackson, joined by Stone, Black, Douglas, Murphy, Rutledge |
| Concurrence | Black, Douglas |
| Concurrence | Murphy |
| Dissent | Frankfurter |
| Dissent | Roberts, Reed |
| Laws applied | |
| U.S. Const. amends. I, XIV; W. Va. Code § 1734 (1941) | |
This case overturned a previous ruling or rulings | |
| Minersville School District v. Gobitis (1940) | |
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 First Amendment protects students from being forced to salute the American flag or say the Pledge of Allegiance in public school.
Barnette overruled a 1940 decision on the same issue, Minersville School District v. Gobitis, in which the Court had stated that the proper recourse for dissent was to try to change the public-school policy democratically. This was a significant court victory for Jehovah's Witnesses, whose religion forbade them from saluting or pledging to symbols, including symbols of political institutions. Barnette relied on freedom of speech principles rather than freedom of religion.