West Virginia State Board of Education v. Barnette
319 U.S. 624 · 1943-06-14
No official can prescribe what shall be orthodox in politics, nationalism, religion, or other matters of opinion.
Edition: U. S. Reports, bound volume
Source: U. S. Reports, volume 319, at 624 (Library of Congress) · transcription: Caselaw Access Project
Voices: Me. Justice Jackson delivered the opinion of the Court. · Me. Justice Black and Me. Justice Douglas, concurring: · Mr. Justice Frankfurter, dissenting:
Following the decision by this Court on June 3, 1940, in Minersville School District v. Gobitis, 310 U. S. 586, 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…
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.”Read it in the reading room ›