West Virginia State Board of Education v. Barnette
E81012
West Virginia State Board of Education v. Barnette is a landmark 1943 U.S. Supreme Court decision, authored by Justice Robert H. Jackson, that held the government cannot compel public school students to salute the flag or recite the Pledge of Allegiance, firmly protecting freedom of speech and religious liberty.
Statements (50)
| Predicate | Object |
|---|---|
| instanceOf |
U.S. Supreme Court case
→
civil liberties case → constitutional law case → landmark First Amendment case → |
| arguedDate |
1943-03-11
→
|
| citation |
319 U.S. 624
→
|
| constitutionalProvisionAppliedToStatesBy |
Fourteenth Amendment
→
|
| constitutionalProvisionInterpreted |
First Amendment Free Speech Clause
→
|
| country |
United States
→
|
| decidedOn |
Flag Day
→
|
| decisionDate |
1943-06-14
→
|
| defendant |
Walter Barnette
→
|
| defendantClass |
Jehovah's Witness schoolchildren
→
|
| dissentingJustice |
Felix Frankfurter
→
Owen J. Roberts → Stanley Reed → |
| docketNumber |
591
→
|
| hasJurisdiction |
United States Supreme Court
→
|
| holding |
Compulsory flag salutes and pledge recitations violate the First Amendment.
→
Officials may not prescribe what shall be orthodox in matters of opinion. → The Free Speech Clause protects the right not to speak. → The government may not compel public school students to recite the Pledge of Allegiance. → The government may not compel public school students to salute the flag. → |
| impact |
Established a foundational precedent for the compelled speech doctrine.
→
Limited government power to enforce ideological conformity. → Strengthened protection for students' First Amendment rights in public schools. → |
| issue |
Whether a state may compel public school students to salute the flag and recite the Pledge of Allegiance.
→
|
| justiceOnMajority |
Frank Murphy
→
Harlan F. Stone → Hugo L. Black → Robert H. Jackson → Wiley B. Rutledge → William O. Douglas NERFINISHED → |
| keyQuote |
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.
→
No official, high or petty, can force citizens to confess by word or act their faith therein. → |
| legalSubject |
First Amendment to the United States Constitution
→
compelled speech doctrine → free exercise of religion → freedom of speech → |
| lowerCourtDisposition |
Three-judge district court enjoined enforcement of the flag-salute requirement.
→
|
| majorityOpinionBy |
Robert H. Jackson
→
|
| originatingCourt |
United States District Court for the Southern District of West Virginia
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|
| overruledCase |
Minersville School District v. Gobitis
→
|
| overruledCaseCitation |
310 U.S. 586
→
|
| plaintiff |
West Virginia State Board of Education
→
|
| rearguedDate |
1943-03-12
→
|
| supremeCourtDisposition |
Affirmed the district court judgment.
→
|
| term |
1942 term of the U.S. Supreme Court
→
|
| topic |
compelled patriotic expression
→
rights of religious minorities → |
Referenced by (3)
| Subject (surface form when different) | Predicate |
|---|---|
|
United States Supreme Court cases of the Stone Court
→
|
includesCase |
|
Felix Frankfurter
→
|
notableCase |
|
Robert H. Jackson
→
|
notableWork |