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Supreme Court of the United States

West Virginia State Board of Education v. Barnette

319 U.S. 624Decided June 14, 1943

Read the full opinion on CourtListener · The case as printed (Library of Congress)

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: West Virginia State Board of Education v. Barnette, syllabus ¶ 1 (Case.103870.syllabus.1)

1. State action against which the Fourteenth Amendment protects includes action by a state board of education. P. 637.

2: West Virginia State Board of Education v. Barnette, syllabus ¶ 2 (Case.103870.syllabus.2)

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.

3: West Virginia State Board of Education v. Barnette, syllabus ¶ 3 (Case.103870.syllabus.3)

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.

4: West Virginia State Board of Education v. Barnette, syllabus ¶ 4 (Case.103870.syllabus.4)

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.

5: West Virginia State Board of Education v. Barnette, syllabus ¶ 5 (Case.103870.syllabus.5)

4. Under the Federal Constitution, compulsion as here employed is not a permissible means of achieving "national unity." P. 640.

6: West Virginia State Board of Education v. Barnette, syllabus ¶ 6 (Case.103870.syllabus.6)

5. Minersville School Dist. v. Gobitis, 310 U. S. 586, overruled; Hamilton v. Regents, 293 U. S. 245, distinguished. Pp. 642, 632.

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