West Virginia State Board of Education v. Barnette facts for kids
Quick facts for kids West Virginia State Board of Education v. Barnette |
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| Argued March 11, 1943 Decided June 14, 1943 |
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| Full case name | West Virginia State Board of Education, et al. v. Walter Barnette, et al. |
| Citations | 319 U.S. 624 (more)
63 S. Ct. 1178; 87 L. Ed. 1628; 1943 U.S. LEXIS 490; 147 A.L.R. 674
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| Prior history | 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. District Court affirmed. | |
| Court membership | |
| Case opinions | |
| Majority | Jackson, joined by Stone, Black, Douglas, Murphy, Rutledge |
| Concurrence | Black, joined by Douglas |
| Concurrence | Murphy |
| Dissent | Frankfurter |
| Dissent | Roberts, Reed |
| Laws applied | |
| U.S. Const. amends. I, XIV; W. Va. Code § 1734 (1941) | |
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This case overturned a previous ruling or rulings
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| Minersville School District v. Gobitis (1940) | |
West Virginia State Board of Education v. Barnette was an important decision by the Supreme Court of the United States. In 1943, the Court decided that public schools cannot force students to salute the American flag or say the Pledge of Allegiance. This ruling protects students' right to free speech under the First Amendment.
The Court's decision was 6 votes to 3. Justice Robert H. Jackson wrote the main opinion. He famously said that basic rights are "beyond the reach of majorities and officials." This means that even if most people agree on something, it cannot take away a person's fundamental rights.
What Was This Case About?
This case was about whether schools could make students salute the flag and say the Pledge of Allegiance. Some people felt this went against their beliefs. The Supreme Court had to decide if forcing students to do this was allowed by the U.S. Constitution.
Why Was This Case Important?
The Barnette case was very important because it changed a previous Supreme Court decision. In 1940, the Court had ruled in a case called Minersville School District v. Gobitis. In that case, the Court said that schools could require students to salute the flag.
Overturning a Previous Decision
The Barnette decision overturned Gobitis. This was a big win for groups like Jehovah's Witnesses. Their religion teaches them not to salute or pledge to symbols, including symbols of governments. The Court did not focus on their specific religious beliefs. Instead, it ruled that the government cannot force anyone to say things they do not believe. This is a key part of free speech.
The Court mainly used the Free Speech Clause of the First Amendment for its decision. It did not focus on the Free Exercise Clause, which protects religious freedom. This showed that the right to free speech is very broad and protects all people from being forced to speak.
