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West Virginia v. Barnette: Difference between revisions
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|issues=Does the [[1st Amendment]] require the school to excuse Jehovah's Witnesses from the compulsory flag salute? | |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. | |holding=The [[First Amendment]] prohibits compelling students and others from saluting the flag. | ||
American student may not be compelled to recite the [https://www.legion.org/flag/pledge Pledge of Allegiance]. | |||
|rule=[https://mtsu.edu/first-amendment/article/227/west-virginia-state-board-of-education-v-barnette Students possess some level of First Amendment rights]. | |rule=[https://mtsu.edu/first-amendment/article/227/west-virginia-state-board-of-education-v-barnette Students possess some level of First Amendment rights]. | ||
|case_text_links={{Infobox Case Brief/Case Text Link | |case_text_links={{Infobox Case Brief/Case Text Link | ||
Revision as of 19:28, January 31, 2023
| 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.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.
