West Virginia State Board of Education v. Barnette

West Virginia State Board of Education v. Barnette
Supreme Court of the United States
Argued March 11, 1943
Decided June 14, 1943
Full case nameWest Virginia State Board of Education, et al. v. Walter Barnette, et al.
Citations319 U.S. 624 (more)
63 S. Ct. 1178; 87 L. Ed. 1628; 1943 U.S. LEXIS 490; 147 A.L.R. 674
Case history
PriorInjunction 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
Chief Justice
Harlan F. Stone
Associate Justices
Owen Roberts · Hugo Black
Stanley F. Reed · Felix Frankfurter
William O. Douglas · Frank Murphy
Robert H. Jackson · Wiley B. Rutledge
Case opinions
MajorityJackson, joined by Stone, Black, Douglas, Murphy, Rutledge
ConcurrenceBlack, Douglas
ConcurrenceMurphy
DissentFrankfurter
DissentRoberts, 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 compelled to salute the American flag or say the Pledge of Allegiance in public schools.[1][2]

Barnette overruled a 1940 decision on the same issue, Minersville School District v. Gobitis, in which the Supreme Court ruled that such laws were valid because they had been passed by elected legislators.[3] The Barnette ruling was a significant victory for Jehovah's Witnesses, whose religion forbade them from saluting or pledging to symbols, including those of political institutions.[4] The ruling is also influential for its focus on freedom of speech principles rather than freedom of religion.[5]

  1. ^ West Virginia Board of Education v. Barnette, 319 U.S. 624 (S. Ct., 1943).
  2. ^ "West Virginia State Board of Education v. Barnette | Constitution Center". National Constitution Center – constitutioncenter.org. Retrieved December 10, 2023.
  3. ^ Minersville School District v. Gobitis, 310 U.S. 586 (S. Ct., 1940).
  4. ^ Barringer Gordon, Sarah (January 27, 2011). "How Jehovah's Witnesses Became Unlikely Champions of Religious Freedom". HistoryNet. Retrieved February 27, 2024.
  5. ^ Johnson, John W. (2001). Historic U.S. Court Cases: An Encyclopedia. Taylor & Francis. p. 953. ISBN 978-0-415-93756-6.