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West Virginia State Board of Education vs. Barnette

It understandable that there are "certain unalienable rights" that we, as human beings, possess. These rights can't be, or should never be, taken away from us. Of course, there have been many great crusaders who have fought with everything they owned to make sure that we kept those rights. 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 Court voted 6-3 in favor of the Barnettes and the Jehovah's Witnesses. 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. 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. " The Board of education also argued that the boy's parents had the option of sending them to a private school, instead of the public schools. In the Minnersville School District v. They also argued that it was a matter of national security to keep the masses united. 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. "Supreme Court of the United States," Microsoftc Encartac Encyclopedia 99. The sign that someone was saluting the flag raised eyebrows for more than the said reasons. The resolution said that every school student and teacher alike must salute and pledge allegiance to the flag, and if anyone disobeyed this law, it "would be regarded as an act of insubordination, and shall be dealt with accordingly.

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