West Virginia State Board of Education v. Barnette

PETITIONER: West Virginia State Board of Education
RESPONDENT: Walter Barnette
LOCATION:

DOCKET NO.: 591
DECIDED BY: Stone Court (1943-1945)
LOWER COURT: Federal district court

ARGUED: Mar 11, 1943
DECIDED: Jun 14, 1943

ADVOCATES:
Hayden C. Covington - for Barnette
W. Holt Wooddell - for West Virginia State Board of Education

Facts of the case

The West Virginia Board of Education required that the flag salute be part of the program of activities in all public schools. All teachers and pupils were required to honor the Flag; refusal to salute was treated as "insubordination" and was punishable by expulsion and charges of delinquency.

Question

Did the compulsory flag-salute for public schoolchildren violate the First Amendment?