WEST VIRGINIA STATE BOARD OF EDUCATION V BARNETTE 319 U.S 624 1943 WEST VIRGINIA BOARD OF EDUC V BARNETTE U.S CONSTITUTION U.S GOV'T JUDICIAL RELIGION U.S GOVERNMENT AND CONSTITUTION SIGNIFICANCE THIS CASE REVERSED AN EARLIER SUPREME COURT DECISION THAT UPHELD LAWS REQUIRING DISPLAYS OF PATRIOTISM BACKGROUND IN ITS 1940 DECISION IN MINERSVILLE SCHOOL DISTRICT V GOBITIS THE SUPREME COURT HAD UPHELD A LAW THAT REQUIRED STUDENTS TO SALUTE THE FLAG AND RECITE THE PLEDGE OF ALLEGIANCE IN PUBLIC SCHOOLS THE LAW HAD BEEN CHALLENGED BY A GROUP OF JEHOVAH'S WITNESSES WHOSE RELIGIOUS BELIEFS PREVENTED THEM FROM PARTICIPATING IN THE FLAG SALUTE AND PLEDGE RECITATION AFTER THAT 1940 DECISION AND PARTICULARLY AFTER THE OUTBREAK OF WORLD WAR II MANY JEHOVAH'S WITNESSES SUFFERED PHYSICAL ASSAULT AND INTIMIDATION BY PEOPLE WHO DOUBTED THEIR LOYALTY TO THE UNITED STATES THIS VIOLENCE LED TO A BACKLASH OF SCHOLARLY AND PUBLIC OPINION AGAINST THE COURT'S RULING JUST A FEW YEARS LATER WALTER BARNETTE AND A GROUP OF JEHOVAH'S WITNESSES CHALLENGED A WEST VIRGINIA LAW REQUIRING STUDENTS TO SALUTE THE FLAG THE JUDGE IN THE LOWER COURT IGNORED THE SUPREME COURT'S EXAMPLE AND OVERTURNED THE STATE LAW WEST VIRGINIA'S STATE BOARD OF EDUCATION HOWEVER APPEALED THE CASE TO THE U.S SUPREME COURT DECISION THIS CASE WAS ARGUED ON MARCH 11 1943 AND DECIDED ON JUNE 14 1943 BY A VOTE OF 6 TO 3 JUSTICE ROBERT JACKSON SPOKE FOR THE COURT AND JUSTICES FELIX FRANKFURTER OWEN ROBERTS AND STANLEY REED DISSENTED THE COURT VIEWED THIS CASE IN TERMS OF FREEDOM OF SPEECH RATHER THAN FREEDOM OF RELIGION SAYING THAT SALUTING THE FLAG WAS A FORM OF SPEECH AND THAT THE GOVERNMENT COULD NOT NOT MAKE PEOPLE EXPRESS PARTICULAR BELIEFS WITHOUT VIOLATING THEIR FREEDOM OF SPEECH ON THAT BASIS THE COURT RULED THAT THE WEST VIRGINIA LAW WAS INVALID AND IN THE PROCESS OVERTURNED THE RULING MINERSVILLE SCHOOL DISTRICT V GOBITIS EXCERPT FROM THE OPINION OF THE COURT W]E APPLY THE LIMITATIONS OF THE CONSTITUTION WITH NO FEAR THAT FREEDOM TO BE INTELLECTUALLY AND SPIRITUALLY DIVERSE OR EVEN CONTRARY WILL DISINTEGRATE THE SOCIAL ORGANIZATION TO BELIEVE THAT PATRIOTISM WILL NOT FLOURISH IF PATRIOTIC CEREMONIES ARE VOLUNTARY AND SPONTANEOUS INSTEAD OF A COMPULSORY MANDATORY ROUTINE IS TO MAKE AN UNFLATTERING ESTIMATE OF THE APPEAL OF OUR INSTITUTIONS TO FREE MINDS WE CAN HAVE INTELLECTUAL INDIVIDUALISM AND THE RICH CULTURAL DIVERSITIES THAT WE OWE TO EXCEPTIONAL MINDS ONLY AT THE PRICE OF OCCASIONAL ECCENTRICITY AND ABNORMAL ATTITUDES WHEN THEY ARE SO HARMLESS TO OTHERS OR TO THE STATE AS THOSE WE DEAL WITH HERE THE PRICE IS NOT TOO GREAT BUT FREEDOM TO DIFFER IS NOT LIMITED TO THINGS THAT DO NOT MATTER MUCH THAT WOULD BE A MERE SHADOW OF FREEDOM THE TEST OF ITS SUBSTANCE IS THE RIGHT TO DIFFER AS TO THINGS THAT TOUCH THE HEART OF THE EXISTING ORDER
