Hashmatullah Rahmati
PLSC 005
Professor Thomas Bundenthal
Title
WEST VIRGINIA STATE BOARD OF EDUCATION ET AL.
V.
BARNETTE ET AL.
Facts of the Case
In 1942, the state of West Virginia passed a law requiring students in public schools to salute the flag. A certain religious sect in American society believes that saluting a flag is sacrosanct and violates their freedom of religion. The plaintiff's are part of a sect of Jehovah's? Witnesses that believe saluting a flag are against their religion. Three people whose children were attending the public schools in West Virginia brought the lawsuit against the Board of Education in the state. The lawsuit was brought by plaintiffs on behalf of themselves and their children and all other persons in the State of West Virginia in a similar situation. The purpose of the lawsuit was to secure an injunction restraining the State Board of Education from imposing against them a requirement of the Board making it mandatory for children in the schools to salute the American flag.
The Law…show more content… Failure to follow the rule was seen as insubordination and the student was expelled until they complied. Children and their parents were subject to criminal prosecution as expulsion was considered as “unlawfully absent” making the student a delinquent and the parent or guardian facing a $50 fine and thirty days in jail.
The Legal Questions
The law violates freedom of religion and freedom of speech. Did the compulsory flag-salute for public schoolchildren violate the First Amendment?
