Supreme Court Cases Period 1 Fall 2015

By: Madison Pendergraft
West Virginia Board of Education v. Barnette (1943)
Background Information
In 1943, Walter Barnette sued the West Virginia Board of Education when his child got suspended for not saluting the USA flag
and reciting the “Pledge of Allegiance.” At the time, citizens of West Virginia were required by law to stand and recite the
“Pledge of Allegiance” with right hand outward saluting the USA flag. All those who did not were subject to disciplinary
repercussions.
Constitutional Issue(s)
The constitutional issue of the time was that forcing someone to salute is a form of speech and goes against First Amendment
right due to being a way of "communicating ideas".
Supreme Court Decision (Majority Opinion)
The vote in court was 6-3 in favor of Barnette. They declared that an American Citizen cannot be forced to salute the flag and
recite the pledge. They can also not be punished for not doing so. The rationalization was declared that forcing anyone into
saluting the flag is taking away their First Amendment right and requiring them to do something they don't want to do.
Precedent
The precedent was set that "No official... Can prescribe what shall be orthodox
in politics, nationalism, religion, or other matters of opinion or force citizens to
confess by word or act their faith therein."
Concurring Opinion(s)
With concurring opinions, Justice Black and Murphy said the previous statute
did not extend to religious protections gained through the First and
Fourteenth Amendments. The justices saw it as a religious persecution to
condemn certain religions based on their beliefs. They did not see this as a
way to gain nationality, but instead as a way to suppress those who are less
likely to speak up.
Dissenting Opinion(s)
In dissension, Justice Frankfurter wrote that he did not see a problem with requiring people to salute the flag and saw it as the
government getting into small town issues where they shouldn't be sticking their noses.
Sources Cited (MLA)
"West Virginia State Board of Education v. Barnette." Oyez. Chicago-Kent College of Law at Illinois Tech, n.d. Dec 8, 2015.
West Virginia State Board of Education v. Barnette | US Law | LII / Legal Information Institute. (n.d.). Retrieved
fromhttps://www.law.cornell.edu/supremecourt/text/319/624%26gt%3B#writing-USSC_CR_0319_0624_ZC1
West Virginia State Board of Education v. Barnette - Wikipedia, the free encyclopedia. (n.d.). Retrieved December 8, 2015, from
https://en.wikipedia.org/wiki/West_Virginia_State_Board_of_Education_v._Barnette
Quick Links
https://www.oyez.org/cases/1940-1955/319us624
https://www.law.cornell.edu/supremecourt/text/319/624%26gt%3B#writing-USSC_CR_0319_0624_ZC1
https://en.wikipedia.org/wiki/West_Virginia_State_Board_of_Education_v._Barnette
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