West Virginia State Board of Education v Barnette

West Virginia State Board of Education v Barnette - West...

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West Virginia State Board of Education v. Barnette o 1943 o 1 st am free speech protects students from Pledge and saluting flag o Jehovah’s Witnesses o Did compulsory flag salute violate 1 st am? o Did not address effect on religious beliefs—state didn’t have power to compel speech in that manner for anyone o Free speech clause, not religion clause o Loyalty needs to be won, not coerced o Compulsory unification doomed to failure o Jackson’s majority decision Great statement of freedom Symbols-effective but primitive, subjective
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Unformatted text preview: Compulsory unification leads to genocide BoR lets some rights endure beyond political majorities-fundamental rights No official can prescribe what should be orthodox o Frankfurter’s Dissent Court overstepping its bounds Personal (talked about his own Judaism) Judicial restraint, leave own opinions out of it Frequently striking down laws circumvents democratic process Rejects rational basis test...
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  • Fall '08
  • MortonHorwitz
  • Pledge of Allegiance, Salute, Barnette, Bellamy salute

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