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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 First Amendment protects students from being compelled to salute the American flag or say the Pledge of Allegiance in public schools. [1][2] Barnette overruled a 1940 decision on the same issue ...
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Notes ^ Minersville School District v. Gobitis, 310 U.S. 586 (1940). ^ West Virginia State Board of Education v. Barnette, 319 U.S. 624 (1943). ^ Hall, Daniel E. (2022). Criminal Law and Procedure. Cengage. p. 263. The Supreme Court issued an important decision concerning the standard of review in Free Exercise cases in Department of Human ...
Referencing the 1943 case West Virginia State Board of Education v. Barnette, which resulted in fines and threats of imprisonment against those refusing to say the pledge being ruled unconstitutional, the Court held that "The regulation under attack here has no compulsory aspect.
Frankfurter served on the Court until his retirement in 1962, and was succeeded by Arthur Goldberg. Frankfurter wrote the Court's majority opinions in cases such as Minersville School District v. Gobitis, Gomillion v. Lightfoot, and Beauharnais v. Illinois. He wrote dissenting opinions in notable cases such as Baker v. Carr, West Virginia State Board of Education v. Barnette, Glasser v. United ...
As reports of attacks against Jehovah's Witnesses continued, "several justices changed their minds, and in West Virginia State Board of Education v. Barnette (1943), the Court declared that the state could not impinge on the First Amendment by compelling the observance of rituals." [146]
The Supreme Court ruled in West Virginia v. Barnette in 1943 that public school students cannot be forced to salute and pledge allegiance to the U.S. flag.
In 1943, Jackson wrote the majority opinion in West Virginia State Board of Education v. Barnette, which overturned a public school regulation making it mandatory to salute the flag, and imposing penalties of expulsion and prosecution upon students who failed to comply.