WEST VIRGINIA BOARD OF ED V. BARNETTEMarch-June, 1943

Created By Chelsea S.

BACKGROUND

The West Virginia Board of Education required all students enrolled in public school to salute the flag (est. 1942)

Refusal to do so was punishable by death

Just kidding, more like detention

Jehovah’s Witnesses forbid pledging oneself to a ‘graven image’ and consider the flag such

Walter Barnette, a Jehovah’s Witness sued the school board

THE ISSUE

Does requiring school children to salute the flag violate their first amendment rights?

PRECEDENT

In Minersville School District v. Gobitis (1940) the court held (8-1) that the Minersville School District was justified in the expulsion of two students who refused to salute the flag on religious grounds (The children were also Jehovah’s Witnesses)

The case focused on an individual’s right to freedom of religion protected by the First Amendment

The decision argued that ““National unity is the basis of national security,” [and] that the authorities have “the right to select appropriate means for its attainment…””

THE CASE

Walter Barnette sued in U.S. district court and won an injunction against enforcement of the rule

The West Virginia Board of Ed. appealed to the U.S. Supreme Court

The Court overturned the Gobitis ruling in a 6-3 decision

The majority opinion cited an individual’s right to religious freedom and right to free speech protected by the first amendment as well as the right to equal protection of the laws as guaranteed by the 14th

The Court ruled that “compulsory unification of opinion” was contradictory to First Amendment values

A 6-3 VOTE

Chief Justice Stone

Rutledge Jackson

Murphy

Frankfurter

Reed

Really? Frankfurter?

IMPLICATIONS

The opinion specified that the freedom of speech included the right not to be forced to speak against one’s will and represented one of the most sweeping statements about the extent of the free exercise clause

The Court went on to approve religious exemption in other cases as well, such as Sherbert v. Verner (allowed a Seventh-Day Adventist to receive unemployment despite not working on Saturdays) and Wisconsin v. Yoder (allowed Amish to withdraw their children from school after the 8th grade)