1943 Supreme Court decision empowered religious objections


Jun. 7—VALDOSTA — June 14 marks the 81st anniversary of the Supreme Court’s decision in West Virginia State Board of Education v. Barnette, a landmark ruling that found compulsory flag salute policies in public schools to be an unconstitutional violation of freedom of speech and religion.

“The Barnette decision was not only a victory for Jehovah’s Witnesses but for all Americans, as it expanded the interpretation of First Amendment protections,” said Anthony Santana, local spokesperson for Jehovah’s Witnesses.

The case was brought forth in 1942 by Walter Barnett (whose name was misspelled by the courts), one of Jehovah’s Witnesses from West Virginia, after his two children were expelled from school for refusing to salute the flag based on their religious beliefs, Santana said.

That year, the West Virginia Board of Education required public schools to make saluting the flag a mandatory activity for students and teachers. Students who refused to participate were expelled.

Jehovah’s Witnesses believe that saluting the flag amounts to an act of worship, or idolatry, which is prohibited in the Bible, Santana said. The Barnett children held to their convictions.

The court heard the case in March 1943 and in June ruled that if the expression of religious beliefs poses no imminent danger, the Constitution does not permit the coercion of citizens into making patriotic expressions, such as saluting the flag or reciting the Pledge of Allegiance.

In the majority opinion, written by Justice Robert H. Jackson, the Court stated, “We think the action of the local authorities in compelling the flag salute and pledge transcends constitutional limitations on their power and invades the sphere of intellect and spirit which it is the purpose of the First Amendment to our Constitution to reserve from all official control.”

Eighty-one years later, the legacy of West Virginia State Board of Education v. Barnette continues to reverberate throughout American life, according to the Robert H. Jackson Center, a historical organization dedicated to the legacy of the justice.

“The case has become a part of our nation’s civic pride, that in public schools every child has the right to believe and practice the ideas or faith that they choose,” the center stated.

“Although we do not salute the flag of any nation, we do show respect to the flag of the country we live in and abide by that country’s laws,” Santana said. “We are happy that the Court ruled reasonably in this landmark case.”

To learn more about why Jehovah’s Witnesses abstain from nationalistic displays, visit jw.org.

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