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APPEAL from a decree of a District Court of three judges enjoining the enforcement of a regulation of the West Virginia State Board of Education requiring children in the public schools to salute the American flag. Read More. Opinions.
The sole conflict is between authority and rights of the individual. The State asserts power to condition access to public education on making a prescribed sign and profession and at the same time to coerce [319 U.S. 624, 631] attendance by punishing both parent and child.
The Respondent, Barnette (Respondent), is a Jehovah’s Witness who refused to pledge allegiance the United States flag while in public school. According to the Petitioner, the West Virginia State Board of Education’s (Petitioner), rule, the Respondent was expelled from.
28 kwi 2024 · West Virginia State Board of Education (defendant) required public school students to salute the American flag, which Barnette (plaintiff), representing Jehovah’s Witnesses, contested as a violation of their constitutional rights.
Barnette and others (plaintiffs) filed suit on behalf of public-school children and teachers in federal district court, alleging that the compulsory salutation of the flag under the West Virginia statute violated the First and Fourteenth Amendments.
Facts of the case. In 1942, the West Virginia Board of Education required public schools to include salutes to the flag by teachers and students as a mandatory part of school activities. The children in a family of Jehovah's Witnesses refused to perform the salute and were sent home from school for non-compliance.
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]
