West Virginia State Board of Education v. Barnette Case Brief

West Virginia State Board of Education v. Barnette Case Brief

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West Virginia State Board of Education v. Barnette 319 U.S. 624, 63 S.Ct. 1178 (1943) Facts: Barnette was a Jehovah Witness whose children attended public school and were forced to salute the flag under various laws that local and state governments were pushing the 1940s. Barnette claimed that this violated his religious beliefs that they should not worship any type of graven image. Barnette sought an injunction against the enforcement and was granted so. The school board appealed to the Supreme Court. Legal Questions Presented: Does forcing school children to salute the flag and punishing by fines if they do not, violate First Amendment rights? Holding: (6-3 Decision) The Court upheld the lower court’s ruling that forcing a child to salute or partake in the pledge was a violation of the First Amendment. Opinion for the Court: Delivered by Jackson, J. 1. Effectively overruled their decision three years prior in the Minersville School District v. Gobitis (1940), in a 8-1 decision the Court ruled that mandatory flag
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