West Virginia State Board Of Education v. Barnette

319 U.S. 624 (1943)

Purchase the Printed Copy at bsmsphd.com

Nature of the Case

To access this section all you need to do is click here and register.

Facts

The Board ordered that all pupils and teachers were to salute the Flag and recite the Pledge of allegiance. Failure to conform is dealt with by expulsion and parents or guardians are liable to prosecution, subject to fine not exceeding $50 and Jail term not exceeding thirty days. Barnette (Ps) brought suit to restrain enforcement of these laws and regulations against Jehovah's Witnesses. The Witnesses are an unincorporated body teaching that the obligation imposed by law of God is superior to that of laws enacted by temporal government. Their religious beliefs include a literal version of Exodus, Chapter 20, verses 4 and 5, which says: Thou shalt not make unto thee any graven image or any likeness of anything that is in heaven above, or that is in the earth beneath, or that is in the water under the earth; thou shalt not bow down thyself to them nor serve them. They consider that the flag is an 'image' within this command. For this reason, they refuse to salute it. The court restrained enforcement. D appealed.