West+Virginia+Board+of+Education+vs.+Barnette

=**West Virginia Board of Education v. Barnette** =

__Facts/Background__: The West Virginia Board of Education required that all teachers and students attending public schools recite the Pledge of Allegiance and salute the American flag at school. If they refused, it was considered “insubordination” and could result in expulsion or charges of delinquency. People of the Jehovah’s Witness faith said that this law violated their free exercise rights because their religious beliefs prohibited them from pledging allegiance to anything other than God.

__Issue/Major Question__ : Did the law requiring public school students to salute the American flag and recite the Pledge of Allegiance violate the free exercise clause in the first amendment?

__Major Law or Rights Discussed__: 1st amendment, free exercise clause

__Decision__: In the 6-3 decision, the court decided that yes, this law was unconstitutional.

__Reasoning__: The free exercise clause in the First Amendment to the Constitution forbids Congress from making a law to prohibit the free exercise of religion. The court agreed that forcing school children to salute the flag was violating this part of the Constitution. This decision overruled // Minersville School District v. Gobitis (1940) // which held that a state could require public school students to salute the American flag.

__Impact__: After this case, students and teachers at public schools now have the option whether they want to salute the American flag or not. The school can not force them to.

__Dissenting Argument__: West Virginia State Board of Education believed it was necessary to have all members of their public schools salute the flag and say the pledge of allegiance out of “respect” for the United States of America.