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.

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Generate an image of West Virginia State Board of Education v. Barnette (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.)

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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 ⓘ
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 ⓘ
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 ⓘ

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Referenced by (9)

Full triples — surface form annotated when it differs from this entity's canonical label.

Robert H. Jackson → notableWork → West Virginia State Board of Education v. Barnette ⓘ
Felix Frankfurter → notableCase → West Virginia State Board of Education v. Barnette ⓘ
United States Supreme Court cases of the Stone Court → includesCase → West Virginia State Board of Education v. Barnette ⓘ
Minersville School District v. Gobitis → overruledBy → West Virginia State Board of Education v. Barnette ⓘ
Minersville School District v. Gobitis → isRelatedCase → West Virginia State Board of Education v. Barnette ⓘ
Walter Barnette → inspired → West Virginia State Board of Education v. Barnette ⓘ
Walter Barnette → legalCase → West Virginia State Board of Education v. Barnette ⓘ
Robert H. Jackson → notableWork → opinion in West Virginia State Board of Education v. Barnette ⓘ
linked to: West Virginia State Board of Education v. Barnette
Minersville School District v. Gobitis → followedBy → West Virginia State Board of Education v. Barnette ⓘ
subject linked to: Lillian Gobitas