west virginia board of education v. barnette
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West Virginia State Board of Education v. Barnette
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West Virginia State Board of Education v. Barnette
Supreme Court of the United States
Argued March 11, 1943
Decided June 14, 1943
Full case name
Citations 319 U.S. 624 ()
63 S. Ct. 1178; 87 L. Ed. 1628; 1943 U.S. LEXIS 490; 147 A.L.R. 674
Case history
Prior Injunction granted, 47 F. Supp. 251 (S.D. W. Va. 1942)
Holding
The Free Speech clause of the First Amendment prohibits public schools from forcing students to salute the American flag and say the Pledge of Allegiance. District Court affirmed.
Court membership Chief Justice Harlan F. Stone Associate Justices
Owen Roberts · Hugo Black
Stanley F. Reed · Felix Frankfurter
William O. Douglas · Frank Murphy
Robert H. Jackson · Wiley B. Rutledge
Case opinions
Majority Jackson, joined by Stone, Black, Douglas, Murphy, Rutledge
Concurrence Black, joined by Douglas
Concurrence Murphy Dissent Frankfurter
Dissent Roberts, Reed
Laws applied
U.S. Const. amends. I, XIV; W. Va. Code § 1734 (1941)
This case overturned a previous ruling or rulings
(1940)
, 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."
overruled a 1940 decision on the same issue, , in which the Court 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. However, 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 , the Court primarily relied on the Free Speech Clause of the First Amendment rather than the Free Exercise Clause.[1]
Contents
1 Background 2 Facts of the case 3 Arguments
4 Decision of the Court
4.1 Majority opinion
4.2 Concurring opinion
4.3 Dissenting opinion
5 Subsequent history
6 See also 7 Footnotes 8 References 9 Further reading 10 External links
Background[edit]
In the 1930s, the government of Nazi Germany began arresting thousands of Jehovah's Witnesses who refused to salute the Nazi flag and sent them to concentration camps. Jehovah's Witnesses believe that the obligation imposed by the law of God is superior to that of laws enacted by government. Their religious beliefs include a literal version of Exodus, Chapter 20, verses 4 and 5, which says: "Thou shalt not make unto thee any graven image, or any likeness of anything that is in heaven above, or that is in the earth beneath, or that is in the water under the earth; thou shalt not bow down thyself to them nor serve them." They consider that the flag is an 'image' within this command. For this reason, they refused to salute the flag. 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. In 1935, 9-year-old Carlton Nichols was expelled from school and his father arrested in Lynn, Massachusetts, for such a refusal. Additional refusals followed, one such leading to (1940).[2] Even after the decision, Jehovah's Witnesses continued to refuse to say the pledge.
Facts of the case[edit]
Following the decision, the West Virginia Legislature amended its statutes to require all schools in the state to conduct courses of instruction in history, civics, and in the Constitutions of the United States and of the State "for the purpose of teaching, fostering and perpetuating the ideals, principles and spirit of Americanism, and increasing the knowledge of the organization and machinery of the government." The West Virginia State Board of Education was directed to "prescribe the courses of study covering these subjects" for public schools.
The Board of Education on January 9, 1942, adopted a resolution containing recitals taken largely from the Court's opinion and ordering that the salute to the flag become "a regular part of the program of activities in the public schools," that all teachers and pupils "shall be required to participate in the salute honoring the Nation represented by the Flag; provided, however, that refusal to salute the Flag be regarded as an Act of insubordination, and shall be dealt with accordingly."
The resolution originally required the "commonly accepted salute to the Flag," which it defined. Objections to the salute (the Bellamy salute, see image) as "being too much like Hitler's" were raised by a variety of organizations, including the Parent and Teachers Association, the Boy Scouts and Girl Scouts, the Red Cross, and the General Federation of Women's Clubs. Some modification appears to have been made in deference to these objections, but no concession was made to Jehovah's Witnesses. What was required after the modification was a "stiff-arm" salute, the saluter to keep the right hand raised with palm turned up while the following is repeated: "I pledge allegiance to the Flag of the United States of America and to the Republic for which it stands; one nation, indivisible, with liberty and justice for all."[3]
West Virginia State Board of Education v. Barnette
A case in which the Court found that a West Virginia statute requiring students and teachers say the Pledge of Allegiance, under threat of expulsion and delinquency charges, was unconstitutional.
West Virginia State Board of Education v. Barnette
West Virginia State Board of Education v. Barnette OPINIONS
SYLLABUS VIEW CASE
APPELLANT
West Virginia State Board of Education
APPELLEE
Walter Barnette
DOCKET NO.
591
DECIDED BY
Stone Court
LOWER COURT
Federal district court
CITATION
319 US 624 (1943)
ARGUED
Mar 11, 1943
DECIDED
Jun 14, 1943
ADVOCATES
W. Holt Wooddell
for West Virginia State Board of Education
Hayden C. Covington for Barnette
Facts of the case
In 1942, the West Virginia Board of Education required public schools to include salutes to the flag by teachers and students as a mandatory part of school activities. The children in a family of Jehovah's Witnesses refused to perform the salute and were sent home from school for non-compliance. They were also threatened with reform schools used for criminally active children, and their parents faced prosecutions for causing juvenile delinquency.
Question
Did the compulsory flag-salute for public schoolchildren violate the First Amendment?
Conclusion
Sort: by seniority by ideology
6–3 DECISION FOR BARNETTEMAJORITY OPINION BY ROBERT H. JACKSON
Compelling school children to salute the flag violates freedom of speech protected by the First Amendment
Jackson Stone Black Douglas Murphy Rutledge Frankfurter Roberts Reed
In a 6-to-3 decision, the Court overruled its decision in Minersville School District v. Gobitis and held that compelling public schoolchildren to salute the flag was unconstitutional. In an opinion written by Robert Houghwout Jackson, the Court found that the First Amendment cannot enforce a unanimity of opinion on any topic, and national symbols like the flag should not receive a level of deference that trumps constitutional protections. He argued that curtailing or eliminating dissent was an improper and ineffective way of generating unity.
Justices Black and Douglas concurred to repudiate their earlier opinions in First Amendment decisions.
Justice Frankfurter dissented. He believed the Court was exceeding the scope of the judicial role and was taking on a legislative function in striking down the law.
Cite this page
APA Bluebook Chicago MLA
"West Virginia State Board of Education v. Barnette." www.oyez.org/cases/1940-1955/319us624. Accessed 20 May. 2022.
WEST VIRGINIA STATE BOARD OF EDUCATION et al. v. BARNETTE et al.
WEST VIRGINIA STATE BOARD OF EDUCATION et al. v. BARNETTE et al.
Supreme Court 319 U.S. 624 63 S.Ct. 1178 87 L.Ed. 1628
WEST VIRGINIA STATE BOARD OF EDUCATION et al.
v. BARNETTE et al. No. 591.
Argued March 11, 1943.
Decided June 14, 1943.
On Appeal from the District Court of the United States for the Southern District of West Virginia.
Mr. W. Holt Wooddell, of Webster Springs, W. Va., for appellants.
Mr. Hayden C. Covington, of Brooklyn, N.Y., for appellees.
Mr. Justice JACKSON delivered the opinion of the Court.
1
Following the decision by this Court on June 3, 1940, in Minersville School District v. Gobitis, 310 U.S. 586, 60 S.Ct. 1010, 84 L.Ed. 1375, 127 A.L.R. 1493, the West Virginia legislature amended its statutes to require all schools therein to conduct courses of instruction in history, civics, and in the Constitutions of the United States and of the State 'for the purpose of teaching, fostering and perpetuating the ideals, principles and spirit of Americanism, and increasing the knowledge of the organization and machinery of the government.' Appellant Board of Education was directed, with advice of the State Superintendent of Schools, to 'prescribe the courses of study covering these subjects' for public schools. The Act made it the duty of private, parochial and denominational schools to prescribe courses of study 'similar to those required for the public schools.'1
2
The Board of Education on January 9, 1942, adopted a resolution containing recitals taken largely from the Court's Gobitis opinion and ordering that the salute to the flag become 'a regular part of the program of activities in the public schools,' that all teachers and pupils 'shall be required to participate in the salute honoring the Nation represented by the Flag; provided, however, that refusal to salute the Flag be regarded as an Act of insubordination, and shall be dealt with accordingly.'2
3
The resolution originally required the 'commonly accepted salute to the Flag' which it defined. Objections to the salute as 'being too much like Hitler's' were raised by the Parent and Teachers Association, the Boy and Girl Scouts, the Red Cross, and the Federation of Women's Clubs.3 Some modification appears to have been made in deference to these objections, but no concession was made to Jehovah's Witnesses.4 What is now required is the 'stiff-arm' salute, the saluter to keep the right hand raised with palm turned up while the following is repeated: 'I pledge allegiance to the Flag of the United States of America and to the Republic for which it stands; one Nation, indivisible, with liberty and justice for all.'
4
Failure to conform is 'insubordination' dealt with by expulsion. Readmission is denied by statute until compliance. Meanwhile the expelled child is 'unlawfully absent'5 and may be proceeded against as a delinquent.6 His parents or guardians are liable to prosecution,7 and if convicted are subject to fine not exceeding $50 and jail term not exceeding thirty days.8
5
Appellees, citizens of the United States and of West Virginia, brought suit in the United States District Court for themselves and others similarly situated asking its injunction to restrain enforcement of these laws and regulations against Jehovah's Witnesses. The Witnesses are an unincorporated body teaching that the obligation imposed by law of God is superiod to that of laws enacted by temporal government. Their religious beliefs include a literal version of Exodus, Chapter 20, verses 4 and 5, which says: 'Thou shalt not make unto thee any graven image, or any likeness of anything that is in heaven above, or that is in the earth beneath, or that is in the water under the earth; thou shalt not bow down thyself to them nor serve them.' They consider that the flag is an 'image' within this command. For this reason they refuse to salute it.
6
Children of this faith have been expelled from school and are threatened with exclusion for no other cause. Officials threaten to send them to reformatories maintained for criminally inclined juveniles. Parents of such children have been prosecuted and are threatened with prosecutions for causing delinquency.
7
The Board of Education moved to dismiss the complaint setting forth these facts and alleging that the law and regulations are an unconstitutional denial of religious freedom, and of freedom of speech, and are invalid under the 'due process' and 'equal protection' clauses of the Fourteenth Amendment to the Federal Constitution. The cause was submitted on the pleadings to a District Court of three judges. It restrained enforcement as to the plaintiffs and those of that class. The Board of Education brought the case here by direct appeal.9
8
This case calls upon us to reconsider a precedent decision, as the Court throughout its history often has been required to do.10 Before turning to the Gobitis case, however, it is desirable to notice certain characteristics by which this controversy is distinguished.
9
The freedom asserted by these appellees does not bring them into collision with rights asserted by any other individual. It is such conflicts which most frequently require intervention of the State to determine where the rights of one end and those of another begin. But the refusal of these persons to participate in the ceremony does not interfere with or deny rights of others to do so. Nor is there any question in this case that their behavior is peaceable and orderly. The sole conflict is between authority and rights of the individual. The State asserts power to condition access to public education on making a prescribed sign and profession and at the same time to coerce attendance by punishing both parent and child. The latter stand on a right of self-determination in matters that touch individual opinion and personal attitude.
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