West Virginia State Board of Education v. Barnette (1943)

West Virginia State Board of Education v. Barnette, 319 U.S. 624 (1943) is a landmark U.S. Supreme Court decision holding that:

  • The First Amendment protects students' rights to freedom of speech and religion.
  • A state cannot compel students to salute the flag or recite the Pledge of Allegiance if it violates their sincere religious beliefs.
  • The Court overturned Minersville School District v. Gobitis (1940), which had upheld mandatory flag salutes.

Key Passage (Justice Jackson)

"If there is any fixed star in our constitutional constellation, it is that no official, high or petty, can prescribe what shall be orthodox in politics, nationalism, religion, or other matters of opinion or force citizens to confess by word or act their faith therein."

The case involved Jehovah's Witness children expelled for refusing to salute. It remains a cornerstone of student speech and religious liberty jurisprudence.

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