West Virginia Board of Education v. Barnette (1943)
Chief Justice: Harlan Fiske Stone (1941-1946)
Issue/Topic
First Amendment
II. Background and Facts of the Case
The West Virginia Board of Education made the requirement that in all school districts, every
student and staff member had to salute the flag or else they could be expelled/fired and charged
with delinquency. "Walter Barnette, a Jehovah's Witness in West Virginia, sued in U.S. district
court and won an injunction against state enforcement of the rule. The state school board
appealed to the U.S. Supreme Court, which agreed to hear the case."
III. The Issue for the Court
The court had to decide whether or not the West Virginia Board of Education had the right to
impose that “law” or if Barnette was correct in demanding for his First Amendment rights.
IV. Arguments
Barnette knew he had the right to refuse to salute the flag because that was not his religion.
According to the Constitution of the United States, the First Amendment gives him freedom of
religion and speech, allowing him to stand up for this injustice.
The West Virginia Board of Education belives they have the right to enforce this rule because
they control all school districts and the students and workers who reside within them.
Opinion: Barnette argument is more credible because the Constitution declares that citizens have
the right of freedom of religion and speech. It is unlawful to keep any person from expressing
either of these concepts no matter who is in charge.
V. Decision
The courts' decision was 3-6 (in favor of Barnette).
VI. Reasoning
The court favored Barnette on the grounds of the First Amendment rights of freedom of speech
and religion.
VII. Personal Opinion
I completely agree with the courts decision because it simply states in the Constitution that
Barnette should be given his First Amendment rights and not have to participate in any religious
activities that he does not wish to engage in. Barnette should never be punished for expressing
himself in a way that is not harmful to himself or others.
VIII. Historical Significance of the Case
The ruling of this court case changed the ruling of the previous case, Minersville School District
(Pennsylvania) v. Gobitis (1940), in which two students were expelled for refusal to salute the
flag because they were Jehovah’s Witnesses.
IX. Citations
"Members of the Supreme Court of the United States." Supreme Court of the United States. Web.
01 May 2011. <http://www.supremecourt.gov/about/members.aspx>.
"West Virginia State Board of Ed. v. Barnette | The Oyez Project at IIT Chicago-Kent College of
Law." The Oyez Project at IIT Chicago-Kent College of Law | U.S. Supreme Court Oral
Argument Recordings, Case Abstracts and More. Illinois Institute of Technology, 2005-2011.
Web. 02 May 2011. <http://www.oyez.org/cases/1940-1949/1942/1942_591/>.
"West Virginia State Board of Education v. Barnette." Encyclopædia Britannica. Encyclopædia
Britannica Online. Encyclopædia Britannica, 2011. Web. 02 May. 2011.
<http://www.britannica.com/EBchecked/topic/640415/West-Virginia-State-Board-of-Educationv-Barnette>.