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West Virginia State Board of Education v. Barnette, 319 U.S. 624 (1943), is a landmark decision by the United States Supreme Court holding that the First Amendment protects students from being forced to salute the American flag or say the Pledge of Allegiance in public school.
This decision led to increased persecution of Witnesses in the United States. The Supreme Court overruled this decision three years later in West Virginia State Board of Education v. Barnette (1943). [2] Subsequent cases have applied a lower standard of review to generally applicable laws when evaluating free exercise claims; [3] Justice ...
Previous decisions, such as West Virginia State Board of Education v. Barnette, had established that students did have some constitutional protections in public school. This case was the first time that the court set forth standards for safeguarding public school students' free speech rights.
For First Amendment principles to be implicated, the State must place the citizen in the position of either apparently or actually "asserting as true" the message. This was the focus of Barnette [West Virginia State Board of Education v. Barnette, 319 U.S. 624 (1943)], and clearly distinguishes this case from that one.
Saluting the flag or reciting the Pledge of Allegiance – West Virginia State Board of Education v. Barnette (1943) Requiring a newspaper to publish an advertisement – Miami Herald v. Tornillo (1974) School attendance past the eighth grade – Wisconsin v. Yoder (1972) Motto on license plate – Wooley v. Maynard (1977) [21]
Pages in category "Public education in West Virginia" The following 5 pages are in this category, out of 5 total. ... West Virginia State Board of Education v. Barnette
A proposed charter school twice rejected for sponsorship by Putnam City Public Schools will have to wait two more months before learning if the Oklahoma State Board of Education will serve as its ...
This category is for legislation, public policy, and case law regarding the legal history of the state of West Virginia in the United States. Pages in category "Legal history of West Virginia" The following 12 pages are in this category, out of 12 total.