The case West Virginia State Board of Education v. Barnette, 319 U.S. 624, is a case that really expresses the beliefs and interests of the time. The case reached the US Supreme Court after there was huge controversy on both sides of the debate. It just so happened that three years before this case, in 1940, the US Supreme Court ruled in the case of the Minnersville School District v. Gobitis, 310 U.S. 586, that it was necessary for every school student to stand to salute and pledge allegiance to the flag. The act of saluting and pledging, along with the teaching of American history and ideals "for the purpose of teaching, fostering and perpetuating the ideals, principles and spirit of Americanism, and increasing the knowledge of the organization and machinery of the government."- 1 The justices voted 8 to 1 for the Minnersville School District to force teachers to salute and pledge to the flag, leaving only Justice Harlan Ston

The West Virginia State Board of Education v. Barnette, 319 U.S. 624, was an extremely important case. Because of this case, people began to realize how much of a violation the enforcement of the resolution to salute the flag was. People realized such a practice can't be enforced, but should only be done in a state of absolute pride for the country.

g given a fine not to exceed $50 and jail term not exceeding thirty days.

The boy, Walter Barnette, was taken out of class when he refused to stand for the pledge of allegiance. He was accused of disrupting the class, of being obnoxious, and of being a threat to national security. No matter how much of an overreaction this was, we have to remember this happened in the year 1943, about the time the Second World War broke out and at a time nationalism in this country was running high.

indivisible, with liberty and justice for all."

"I pledge allegiance to the Flag of the United States of America,

Once in court by March 11th, 1943, the hearings began. The Board of Education argued that just three years ago the court had decided that the Board of Education could force the students to stand to salute and pledge to the flag. Since the court had already decided that they were allowed to do this, the people had to abide by the US Supreme Court's decision. Also, the West Virginia State Board of Education argued that since the job of the schools was to teach them US History as well as Americanism, all they were doing was teaching the students to be good, honest Americans. They argued that there was no difference between them teaching the students about great Abraham Lincoln and brave Stonewall Jackson then teaching them to the salute the flag-which would foster a healthy pride for their nation. They also argued that it was a matter of national security to keep the masses united. They felt that they had a duty to preserve the national unity, and the only way to make sure!

His family pleaded to a District Court of three judges, and argued that they had a right to not stand if they did not want to. They also argued that it was a blatant denial of they're First Amendment rights, including the freedom of religion and the freedom of speech, and that the laws were unconstitutional, violating their due process and equal protection clauses of the Fourteenth Amendment. The court restrained their enforcement of the resolution; the West Virginia State Board of Education took the case to the US Supreme Court by direct appeal.

In the case West Virginia State Board of Education v. Barnette, 319 U.S. 624, the judges decided that the board of education could not force any student to salute the American flag and recite the pledge of allegiance. This was a case where the very existence of the United States was at the hands of these fine justices as we know it. If it wasn't for the extremely knowledgeable justices that judged the case, we would have lost something profoundly special.

They also argued that the ceremony was too much like the salute Hitler forced his people to do-the salute where the hand is outstretched a little above the heart. Also, it was too much like the fascist compulsory salute. They argued that the idea of the gestures li

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Approximate Word count = 2175
Approximate Pages = 9 (250 words per page double spaced)