West Virginia v. Barnette – Flashcards

The West Virginia Board of Education required that the flag salute be part of the program of activities in all public schools. All teachers and pupils were required to salute the flag; refusal to salute was treated as insubordination and was punishable by expulsion and charges of delinquency. A group of Jehovah's Witnesses challenged the law on First Amendment grounds. They argued that the forced flag salute conflicted with their religious beliefs against idol worship and graven images, and therefore violated their free exercise of religion and freedom of speech rights under the First Amendment.

West Virginia legislation requiring the Pledge of Allegiance.

1st Amendment

The Court ruled in favor of Barnette, and held that compelling children to salute the flag was unconstitutional.

Utilized the Clear and Present Danger Test. The Court found that such a salute was a form of utterance and was a means of communicating ideas. "Compulsory unification of opinion," the Court held, was doomed to failure and was antithetical to First Amendment values.

Overturned the "Gobitis" decision Free speech protects against the deterrence of religious values and the compelling to speak against own beliefs

Frankfurter dissented -- Could have upheld the "Gobitis" decision and ruled that promoting good citizenship and national allegiance is within the power of the government. Argued that freedom of religion did not allow individuals to break laws simply because of religious conscience