West Virginia v. Barnette

Question Presented

Did the compulsory flag salute in public schools violate the establishment clause?

Historical Context

Takes place during World War II, fear for religious minorities globally, Jehovah’s Witnesses felt the flag salute was too similar to the Nazi salute.

Relevant Facts

Barnette kids did not want to salute the flag because they are Jehovah’s Witnesses, the kids were expelled for not saluting the flag.

Legal Analysis

The government cannot enforce a unanimity of opinion involving religion. Eliminating dissenting opinions restricts religion and promotes uniformity.

Holding

The requirement does violate the establishment clause.

Historical Impact

Overturned Minersville School District v. Gobitis.