West Virginia State Board of Education v. Barnette

West Virginia State Board of Education v. Barnette, 319 U.S. 624 (1943), is a landmark decision of the United States Supreme Court.

West Virginia required all public school students to salute the flag and recite the Pledge of Allegiance. Jehovah’s Witnesses refused, believing the salute violated their religious prohibition against worshipping graven images. The children were expelled, and their parents challenged the requirement as violating the First Amendment.

Significance

Justice Jackson’s 6-3 opinion overruled Minersville School District v. Gobitis (1940) and struck down mandatory flag salutes. In soaring language, Jackson wrote: ‘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.’ The decision established that the government cannot compel citizens to express beliefs they do not hold, protecting both free speech and religious liberty.

Category

US Federal Case Law