West Virginia v. Barnette
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| West Virginia v. Barnette | |
| Court | Supreme Court of the United States |
|---|---|
| Citation | |
| Date decided | June 14, 1943 |
| Overturned | Minersville School District v. Gobitis |
Facts
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.Issues
Does the 1st Amendment require the school to excuse Jehovah's Witnesses from the compulsory flag salute?
Holding
The First Amendment prohibits compelling students and others from saluting the flag.
American student may not be compelled to recite the Pledge of Allegiance.Rule
Resources
