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Constitutional Law Keyed to Choper
West Virginia State Board of Education v. Barnette
Citation:
319 U.S. 624 (1943)Facts
Following the Supreme Court’s 1940 decision in Minersville School District v. Gobitis, the West Virginia legislature amended its statutes to require schools to conduct courses fostering “Americanism.” The Board of Education subsequently adopted a resolution requiring all students and teachers to participate in a salute to the flag, with refusal treated as insubordination punishable by expulsion. Expelled students were considered “unlawfully absent” and could be processed as delinquents, while their parents faced prosecution, fines up to $50, and jail terms up to thirty days. Jehovah’s Witnesses objected to the flag salute based on their interpretation of Exodus 20:4-5, which prohibits bowing down to “graven images.” They considered the flag an “image” within this biblical prohibition. Children of this faith were expelled from school and threatened with reform school, while their parents faced prosecution for causing delinquency.
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