WEST VIRGINIA STATE BOARD OF ED. v. BARNETTE

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Case Basics
Docket No. 
591
Petitioner 
West Virginia State Board of Ed.
Respondent 
Barnette
Term:
Facts of the Case 

The West Virginia Board of Education required that the flag salute be part of the program of activities in all public schools. All teachers and pupils were required to honor the Flag; refusal to salute was treated as "insubordination" and was punishable by expulsion and charges of delinquency.

Question 

Did the compulsory flag-salute for public schoolchildren violate the First Amendment?

Conclusion 
Decision: 6 votes for Barnette, 3 vote(s) against
Legal provision: US Const. Amend 1; W. Va. Code § 1734

In a 6-to-3 decision, the Court overruled its decision in Minersville School District v. Gobitis and held that compelling public schoolchildren to salute the flag was unconstitutional. The Court found that such a salute was a form of utterance and was a means of communicating ideas. "Compulsory unification of opinion," the Court held, was doomed to failure and was antithetical to First Amendment values. Writing for the majority, Justice Jackson argued that "[i]f 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."

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WEST VIRGINIA STATE BOARD OF ED. v. BARNETTE. The Oyez Project at IIT Chicago-Kent College of Law. 19 December 2014. <http://www.oyez.org/cases/1940-1949/1942/1942_591>.
WEST VIRGINIA STATE BOARD OF ED. v. BARNETTE, The Oyez Project at IIT Chicago-Kent College of Law, http://www.oyez.org/cases/1940-1949/1942/1942_591 (last visited December 19, 2014).
"WEST VIRGINIA STATE BOARD OF ED. v. BARNETTE," The Oyez Project at IIT Chicago-Kent College of Law, accessed December 19, 2014, http://www.oyez.org/cases/1940-1949/1942/1942_591.