West Virginia Brd of Educ. v. Barnette
1943

1940, Minersville School District v. Gobitis:
Requiring public school students to participate in classroom civics instruction, including compulsory flag salute and saying of the pledge does not violate religious or speech liberties of Jehovah's Witnesses.

Questions for the Court:

1. Does the state law requiring students to salute the flag and recite the pledge constitute ?forced speech? in violation of the 1st and 14th Amendments?

2. Is compulsion a permissible method of accomplishing national unity?

Reasoning of the Court in West Va. Board:

1. Barnette's (and the Jehovah's Witnesses') request does not deny other the right to salute the flag.

2. Civics instruction may be justified; but not to the extent that it compels students to declare a belief.

3. Symbols can constitute "speech."

4. The Gobitis decision is overturned.

• Limiting government's power to compel patriotism will not weaken government.
• The Bill of Rights is designed to place some subjects beyond the reach of the legislature.
• Compulsory flag salute is not a permissible method for achieving national unity.

Concurring opinions:

Black, joined by Douglas:
Loyalty must be earned--not compelled.

Murphy:
Freedom of speech includes the freedom to be silent.

Dissenting opinion:
Frankfurter:
Legislatures should be able to compel citizenship instruction.

Rules established in West Va. Brd v. Barnette

1. Compulsory patriotism constitutes forced speech and violates the First and Fourteenth Amendments.

2. Symbols can constitute "speech."