West Virginia State Board of Education v. Barnette
West Virginia State Board of Education v. Barnette is a significant Supreme Court case decided in 1943 that addressed the issue of compelled speech in public schools, specifically regarding the salute to the American flag. The case emerged shortly after the Court's earlier decision in Minersville School District v. Gobitis, which upheld compulsory flag salutes even against the religious beliefs of Jehovah's Witnesses. In Barnette, the Court reversed its previous stance, ruling that students could not be forced to salute the flag, framing the refusal to do so as a form of protected speech. This landmark decision underscored the importance of individual rights and freedom of expression, reflecting a shift in the judicial perspective on such matters. The ruling indicated that the government cannot mandate expressions of patriotism, especially when they conflict with personal beliefs. This case has been pivotal in shaping First Amendment jurisprudence and remains a reference point in discussions about religious freedom, individual rights, and the limits of state power in educational settings.
West Virginia State Board of Education v. Barnette
Date: June 14, 1943
Citation: 319 U.S. 624
Issue: Freedom of religion
Significance: The Supreme Court reversed its earlier ruling and established that children could not be required to salute the flag in school ceremonies.
In the wake of the Supreme Court decision in Minersville School District v. Gobitis (1940), in which the Court upheld state-required flag salutes in school even over the religious objections of some members of the Jehovah’s Witnesses, some people attacked members of the group and their meeting places. Others, including members of the American Legion and many scholars, found the compulsory flag salute to be contrary to the U.S. tradition. Some of the justices who had voted to sustain compulsory flag salutes in Gobitis took the opportunity in another case to say they would change their votes if another case arose.
It did not take long for members of the Jehovah’s Witnesses to challenge a compulsory flag salute law in West Virginia. The Court’s reversal occurred in record time. Just three years after the initial decision, the Court, by a vote of six to three, reversed Gobitis and overturned state laws mandating compulsory flag salutes. The Court did not use the religious speech theory of the Gobitis decision but instead regarded a refusal to salute as a form of speech, thereby anticipating the symbolic speech concept of later cases.