Decided June 14, 1943. Barnette feels that this violates the freedom of religion of the children of Jehovah witnesses by … Beginning in 1942, Walter Barnette, a Jehovah witness, argued against the West Virginia Board of Education for forcing their students to salute the American Flag. 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". 1. The board's argument was that the plaintiffs raised no substantial federal question, and their brief relied extensively on Justice Frankfurter's Gobitis opinion. He believed the Court was exceeding the scope of the judicial role and was taking on a legislative function in striking down the law. Mr. Hayden C. Covington, of Brooklyn, N.Y., for appellees. But three years later, in West Virginia State Board of Education v. Barnette, the Supreme court reversed itself and wrote "If there is any fixed star in our constitutional constellation, it is that no official, high or petty, can prescribe what shall be orthodox in politics, nationalism, religion, or other matters of opinion or force citizens to confess by word or act their faith therein.". Justices Black and Douglas concurred to repudiate their earlier opinions in First Amendment decisions. 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 to the United States Constitution#Freedom of speech and of the press|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. Did the compulsory flag-salute for public schoolchildren violate the First Amendment? 591. West Virginia State Bd. From Wikipedia, the free encyclopedia 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. In an opinion written by Robert Houghwout Jackson, the Court found that the First Amendment cannot enforce a unanimity of opinion on any topic, and national symbols like the flag should not receive a level of deference that trumps constitutional protections. Decided June 14, 1943. View WEST VIRGINIA BOE v BARNETTE.docx from LAW CRIJ4310 at Texas A&M University, Corpus Christi. He wrote dissenting opinions in notable cases such as Baker v. Carr, West Virginia State Board of Education v. Barnette, Glasser v. United States, and Trop v. Dulles. The American Bar Association's Committee on the Bill of Rights and the American Civil Liberties Union filed amicus curiae briefs that argued Gobitis was bad law and should be overruled. Argued March 11, 1943. The children in a family of Jehovah's Witnesses refused to perform the salute and were sent home from school for non-compliance. According to the Petitioner, the West Virginia State Board of Education’s (Petitioner), rule, the Respondent was expelled from school and charged with juvenile delinquency. In 1942, the West Virginia Board of Education required public schools to include salutes to the flag by teachers and students as a mandatory part of school activities. Mr. W. Holt Wooddell, of Webster Springs, W. Va., for appellants. WEST VIRGINIA STATE BOARD OF EDUCATION et al. 319 U.S. 624. Nevertheless, Gobitis was soon repudiated (West Virginia State Board of Education v. Barnette), and the Steel Seizure Case restricted the pro-government trend. Mr. Hayden C. Covington, of Brooklyn, N.Y., for appellees. In 1943, West Virginia State Board of Education v. Barnette, the Supreme Court essentially reversed its previous opinion. Hayden C. Covington for Barnette Facts of the case In 1942, the West Virginia Board of Education required public schools to include salutes to the flag by teachers and students as a mandatory part of school activities. Syllabus. Synopsis of Rule of Law. They were also threatened with reform schools used for criminally active children, and their parents faced prosecutions for causing juvenile delinquency. Objections to the salute as "being too much like Hitler's" were raised by a variety of organizations, including the Parent and Teachers Association, the Boy Scouts and Girl Scouts, the Red Cross, and the General Federation of Women's Clubs. On Appeal from the District Court of the United States for the Southern District of West Virginia. of Educ. 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 to the United States Constitution#Freedom of speech and of the press|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. Barnette overruled a 1940 decision on the same issue, Minersville School District v. Gobitis, in which the Court stated that the proper recourse for dissent was to try to change the public school policy democratically.

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