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West Virginia State Board of Education v. Barnette (docket #: 591) (1943)  [Findlaw]

Secondary Link West Virginia State Board of Education v. Barnette  [Legal Information Institute]
Argument Date 03/11/1943
Decided 6/14/1943
Supreme Court Vote 6-3
Supreme Court Ruling First Amendment claim sustained.
 
IssueWhether a compulsory flag-salute law for school children violates the First and Fourteenth Amendments.
 
Case Summary & Additional Resources
Majority Opinion Jackson, J. (joined by Stone, C.J. & Routledge, J.)
Concurring Opinion Black, J. (joined by Douglas, J.), & Murphy, J.
Dissenting Opinion Frankfurter, J. (joined by Roberts, J. & Reed, J.)
Lawyers
For Petitioner
W. Holt Wooddell, of Webster Springs, West Virginia

For Respondent
Hayden C. Covington, of Brooklyn, New York

News Stories & Commentary
Christian Century, "Court Upholds Freedom of Consceince," June 23, 1943, P. 731
Editorial, Evening Star (Wash., D.C.), "Flag-Salute Decision," June 16, 1943
Editorial, New York Times, "The Court on the Flag Salute," June 19, 1943, p. 12
Krock, Arthur, "The Supreme Court at Its peak," New York Times, June 15, 1943, p. 20
Lawrence, W.H., "Civil Liberties Gain by the Flag Decision," New York Times, Sect. E, p. 10
Newsweek Magazine, "God's is in His Heaven," July 5, 1943, pp. 81-82
Powell, Thomas Reed, "The Flag salute Case," New Republic, July 5, 1943, pp. 16-18
The New Republic, "The Flag Salute Case," June 19, 1943
Time Magazine, "Blot Removed," June 21, 1943, p. 16
Wood, Lewis, "Supreme Courts Ends Compulsion of Flag Salute," New York Times, June 15, 1943, p. 1
Other

Bagley, W.C., "Supreme Court Hands Down an Educationally Significant Decision," 57 School & Society 696 (June 26, 1943)
Commager, Henry Steel , "Civil Liberies & Democracy," 42 Scholastic 13 (March 22, 1943)
Emerson, Thomas, THE SYSTEM OF FREEDOM OF EXPRESSION (1970), pp. 24, 28-30
Kaskey, M., "Introduction ot the Flag Salute," 33 Journal of the National Education Association 222 (December 1944)
Mason, Alpheus, HARLAN FISKE STONE: PILLAR OF THE LAW (1956), pp. 600-602
Peters, Shawn Francis, JUDGING JEHOVAH'S WITNESSES: RELIGIOUS PERSECUTION & THE DAWN OF THE RIGHTS REVOLUTION, pp. 247-49
Sandmann, Warren, "West Virginia State Board of Education v. Barnette," in FREE SPEECH ON TRIAL (2003), Richard A. Parker, ed., pp. 100-115

Tribe, Laurence, AMERICAN CONSTITUTIONAL LAW (2nd ed., 1988), pp. 1315-1316
Wiecek, William M., THE BIRTH OF THE MODERN CONSTITUTION: THE UNITED STATES SUPREME COURT, 1941-1953 (Holmes Devise, vol. XII, 2006), pp. 228-237
Overruling Minersville School District v. Gobitis
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