What happened in West Virginia Board of Education v Barnette?

What happened in West Virginia Board of Education v Barnette?

In West Virginia State Board of Education v. Barnette, 3 (1943), the Supreme Court invalidated a compulsory flag salute law in public schools and established that students possess some level of First Amendment rights.

What was the majority opinion in West Virginia v Barnette?

majority opinion by Robert H. Jackson. In a 6-to-3 decision, the Court overruled its decision in Minersville School District v. Gobitis and held that compelling public schoolchildren to salute the flag was unconstitutional.

Who was the plaintiff in West Virginia vs barnette?

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. Oral arguments were held on Ma, and the ruling was issued on June 14.

What decision did the Supreme Court make in 1943 regarding the pledge?

Barnette, 3 (1943), is a landmark decision by the United States Supreme Court holding that the Free Speech Clause of the First Amendment protects students from being forced to salute the American flag or say the Pledge of Allegiance in public school.

What was at issue in Minersville School District Gobitis?

In 1940, the Supreme Court ruled on Billy's case, Minersville School District v. Gobitis. The Court decided 8-1 in favor of the school policy, ruling that the government could require respect for the flag as a key symbol of national unity and a means of preserving national security.

What was the background of the West Virginia v Barnette case?

West Virginia State Board of Education v. Barnette, case in which the U.S. Supreme Court ruled on J, that compelling children in public schools to salute the U.S. flag was an unconstitutional violation of their freedom of speech and religion.

How did Billy explain his actions to the school board?

When Billy and his sister refused to participate in their public school's required flag-saluting ceremony, they were expelled. Billy wrote a letter to the school board explaining, “I do not salute the flag because I have promised to do the will of God.” The school board did not change its position.

Why did Francis Bellamy leave out the word equality in the pledge?

The original Pledge to the Flag in 1892 had the word Equality in it, but the author Francis Bellamy thought best to leave it out because women and Afro-Americans were not equal. ... Francis Bellamy who believed liberty, justice and equality were the three cornerstone historical values of our democracy.

Can schools force you to stand for the pledge?

No, two courts have held that students cannot be forced to stand while other students recite the Pledge of Allegiance.

Can teachers be excused from saluting the flag?

Teachers are adults and paid employees hired to accomplish certain objectives for the community while students are minors and are compelled by law to attend school. Teachers can be excused from saluting the flag.

Is saluting the flag a form of worship?

Jehovah's Witnesses believe their allegiance belongs to God's Kingdom, which they view as an actual government. They refrain from saluting the flag of any country or singing nationalistic songs, which they believe are forms of worship, although they may stand out of respect.

Why was Billy Gobitis expelled?

Facts of the case In 1935, Lillian and William Gobitis were expelled from Pennsylvania public schools for refusing to salute the flag as part of a daily school exercise. The Gobitis children were Jehovah's Witnesses and believed that saluting the flag was forbidden by the Bible.

What does under God mean in the Pledge?

Keeping “under God” in the Pledge means that the government endorses religion as desirable. • “Under God”endorses a particular religious belief—the Judeo-Christian concept of a single deity, “God.” Yet other faiths have different views about a deity or deities, and other people do not believe in a deity at all.

When was God added to the pledge?

1954 The official name of The Pledge of Allegiance was adopted in 1945. The last change in language came on Flag Day 1954, when Congress passed a law which added the words “under God” after “one nation.”