This site is a developmental version of Wiki Law School. To go to the production site: www.wikilawschool.org
West Virginia v. Barnette: Difference between revisions
From wikilawschool.net. Wiki Law School does not provide legal advice. For educational purposes only.
No edit summary |
Lost Student (talk | contribs) m (Text replacement - "|case_treatment=Yes " to "") |
||
| (3 intermediate revisions by 2 users not shown) | |||
| Line 3: | Line 3: | ||
|date=June 14, 1943 | |date=June 14, 1943 | ||
|subject=First Amendment | |subject=First Amendment | ||
|overturned=Minersville School District v. Gobitis | |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. | |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. | '''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? | |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 | ||
|link=https://www.quimbee.com/cases/west-virginia-state-board-of-education-v-barnette | |link=https://www.quimbee.com/cases/west-virginia-state-board-of-education-v-barnette | ||
|case_text_source=Quimbee | |source_type=Video summary | ||
|case_text_source=Quimbee | |||
}}{{Infobox Case Brief/Case Text Link | }}{{Infobox Case Brief/Case Text Link | ||
|link=https://supreme.justia.com/cases/federal/us/319/624/ | |link=https://supreme.justia.com/cases/federal/us/319/624/ | ||
Latest revision as of 03:36, July 14, 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.
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.
