West Virginia v. Barnette

From wikilawschool.net. Wiki Law School does not provide legal advice. For educational purposes only.
West Virginia v. Barnette
Court Supreme Court of the United States
Date decided June 14, 1943
Overturned Minersville School District v. Gobitis


Joseph Rutherford (1862 - 1942) saw a parallel between the Hitler salute in Nazi Germany (1933 - 1945) to the American schoolchildren saluting the American flag.

Jehovah's Witnesses take the commandment from Exodus 20, "Thou shalt not make unto thee any graven image" very religiously.

2 children from the Barnette family had been expelled from school in West Virginia for not saluting the flag in the 1940s.


Does the 1st Amendment require the school to excuse Jehovah's Witnesses from the compulsory flag salute?


The First Amendment prohibits compelling students and others from saluting the flag.

American student may not be compelled to recite the Pledge of Allegiance.