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Concept
West Virginia State Board of Education v. Barnette
Résumé
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. 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".
Barnette overruled a 1940 decision on the same issue, Minersville School District v. Gobitis, in which the court had stated that the proper recourse for dissent was to try to change the public school policy democratically. This overruling was a significant court victory won by Jehovah's Witnesses, whose religion forbade them from saluting or pledging to symbols, including symbols of political institutions. The court did not address the effect the compelled salutation and recital ruling had upon their particular religious beliefs but instead ruled that the state did not have the power to compel speech in that manner for anyone. In overruling Gobitis, the court primarily relied on the Free Speech Clause of the First Amendment rather than the Free Exercise Clause.
In the 1930s, the leader of the Jehovah's Witnesses, Joseph Franklin Rutherford, began objecting to U.S. state laws requiring school students to salute the flag as a means of instilling patriotism, and in 1936 he declared that baptized Jehovah's Witnesses who did salute the flag were breaking their covenant with God and were committing idolatry.
In the United States, children of Jehovah's Witnesses had been expelled from school and were threatened with exclusion for no other cause. Officials threatened to send them to reformatories maintained for criminally inclined juveniles. Parents of such children had been prosecuted and were being threatened with prosecutions for causing delinquency.
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