West Virginia State Board of Education v. Barnette
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Syllabus
The syllabus is prepared by the Reporter of Decisions and is not part of the opinion of the Court. It is shown as printed in the United States Reports, read from the text layer of the Library of Congress scan (optical character recognition in older volumes, not yet checked word by word against the page).
1. State action against which the Fourteenth Amendment protects includes action by a state board of education. P. 637.
Printed on p. 624 of the United States Reports, read from the text layer of the Library of Congress scan. View the page image
2. The action of a State in making it compulsory for children in the public schools to salute the flag and pledge allegiance-by extending the right arm, palm upward, and declaring, "I pledge allegiance to the flag of the United States of America and to the Republic for which it stands: one Nation, indivisible, with liberty and justice for all"--violates the First and Fourteenth Amendments. P. 642.
Printed on p. 624 of the United States Reports, read from the text layer of the Library of Congress scan. View the page image
So held as applied to children who were expelled for refusal to comply, and whose absence thereby became "unlawful," subjecting them and their parents or guardians to punishment.
Printed on p. 624 of the United States Reports, read from the text layer of the Library of Congress scan. View the page image
3. That those who refused compliance did so on religious grounds does not control the decision of this question; and it is unnecessary to inquire into the sincerity of their views. P. 634.
Printed on p. 624 of the United States Reports, read from the text layer of the Library of Congress scan. View the page image
4. Under the Federal Constitution, compulsion as here employed is not a permissible means of achieving "national unity." P. 640.
Printed on p. 624 of the United States Reports, read from the text layer of the Library of Congress scan. View the page image
5. Minersville School Dist. v. Gobitis, 310 U. S. 586, overruled; Hamilton v. Regents, 293 U. S. 245, distinguished. Pp. 642, 632.
Printed on p. 625 of the United States Reports, read from the text layer of the Library of Congress scan. View the page image
47 F. Supp. 251, affirmed.
Printed on p. 625 of the United States Reports, read from the text layer of the Library of Congress scan. View the page image
Provisions
The Constitution Annotated's essays on these provisions cite this case.
- Amendment XIV, Section 1suggested link
Source: Constitution of the United States of America: Analysis and Interpretation (2022 ed.), essays Amdt14.S1.3, Amdt14.S1.4.2, Amdt14.S1.4.3, pp. 2071, 2076.
- Amendment Isuggested link
Source: Constitution of the United States of America: Analysis and Interpretation (2022 ed.), essays Amdt1.4.1, Amdt1.4.2, Amdt1.4.3.1, Amdt1.7.12, Amdt1.7.12.1, Amdt1.7.12.2, Amdt1.7.14.2, Amdt1.7.14.3, Amdt1.7.2.4, Amdt1.7.3, Amdt1.7.3.1, Amdt1.7.8.2, Amdt1.7.8.3, pp. 1370, 1374, 1406, 1476, 1511, 1512, 1532.
Overrules
- Minersville School District v. Gobitis (1940)suggested link
Source: Constitution of the United States of America: Analysis and Interpretation (2022 ed.), Table of Supreme Court Decisions Overruled by Subsequent Decisions, p. 2447: West Virginia State Board of Education v. Barnette, 319 U.S. 624 (1943) — Minersville School District v. Gobitis, 310 U.S. 586 (1940).
Why it is here
The library's first set of cases is chosen by fixed rules from the Constitution Annotated (2022), which cites this case as “West Virginia State Board of Education v. Barnette, 319 U.S. 624 (1943)”:
- cited on 12 pages