Learning Activity: West Virginia State Board of Education v. Barnette (1943)

This Supreme Court case and Robert H. Jackson’s opinion for the Court represent a landmark decision in United States history. This decision and Jackson’s words formed the basis for future arguments and decisions concerning the rights to freedom of speech and free exercise of religion.

“The Barnette case set a precedent that the Supreme Court has followed to this day. And it was one more case- in a series that began in 1931...in which the Court acted to protect 1st Amendment freedoms against attempts by state governments to limit them.” (Taken from: John J. Patrick, The Bill of Rights: A History in Documents, Oxford University Press, 2003, p. 122.)

Have students review the facts and historical background to the case as presented in Robert H. Jackson: New Deal Lawyer, Supreme Court Justice, Nuremberg Prosecutor by Gail Jarrow, pages 63-65 or in some other source. Have teams of students organize their research under the following headings:

Team A: Background facts of the case
Team B: Constitutional and legal issues involved in the case and the central legal question that the Supreme Court must answer
Team C: Arguments for and against the Barnette children’s position
Team D: How should the Supreme Court rule in this case? What arguments should the Court make in supporting its decision?
Team E: What was the Supreme Court’s ruling in this case and what reasons did the justices use to support their decisions?

West Virginia State Board of Education v. Barnette (1943)*

Facts:: The West Virginia State Board of Education required by state law that all students salute the flag and recite the pledge of allegiance as a part of their daily routine. Students who refused were suspended, declared unlawfully absent, and subject to delinquency proceedings. Parents of such students were also subject to a fine or imprisonment. Several Jehovah’s Witnesses, who were citizens of West Virginia, sought from the court an injunction (legal order) to stop the West Virginia State Board of Education from requiring the pledge and flag salute.
Issue:: Whether the flag salute ceremonies in the school violated students’ liberties as guaranteed by the First Amendment.
Opinion:: The Supreme Court of the United States ruled, 6-3, in favor of Barnette and the other Jehovah’s Witnesses. The Court held that the Board of Education could not require the daily flag salute and pledge as a condition that students must meet to receive a public education. The Court’s ruling provided students “scrupulous protection” of their constitutional liberties as guaranteed by the First Amendment.
Reasoning:: The Supreme Court ruled that the First Amendment prohibits governmental officials from making individuals speak or support officially-approved beliefs that are contrary to their own values or conscience.

(* Adapted from: U.S. Supreme Court Decisions: A Case Study Review for U.S. History and Government, Project P.A.T.C.H. of the Northport-East Northport U.F.S.D.and the Law, Youth and Citizenship Program of the New York State Bar Association and State Education Department, 1999, p. 22. Contact: www.lycny.org.)