RESPONDENT: Walter Barnette
DOCKET NO.: 591
DECIDED BY: Stone Court (1943-1945)
LOWER COURT: Federal district court
ARGUED: Mar 11, 1943
DECIDED: Jun 14, 1943
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.
Did the compulsory flag-salute for public schoolchildren violate the First Amendment?