West Virginia State Board of Education v. Barnette
By: Harlow Higgins
Saying the pledge of allegiance is an everyday part of students' lives. However did you know that it is not a mandatory act, and this freedom comes from the West Virginia State Board of Education v. Barnette Supreme Court case.
The Background of the Case
During World War II, West Virginia required public school students to participate in the pledge of allegiance; if they did not they would be convicted with insubordination which could result in expulsion. Members of the Jehovah’s Witnesses faith, like the Barnette family, believed that participating in the pledge of allegiance violated their religious beliefs. In Jehovah’s Witnesses faith there is prohibition against worshiping graven images, this created the issue that resulted in the West Virginia v. Barnette case.
The Constitutional Question
Does forcing students to participate in the pledge of allegiance violate their first amendment right of freedom of speech and religion?
The Argument; West Virginia State Board of Education
The West Virginia State Board of Education argued that by having all students participate in the pledge of allegiance, it was promoting national unity in a time when that was important. They stated that all students and teachers “shall be required to participate in the salute honoring the Nation represented by the Flag.”
The Argument: Barnette
The Barnette sisters, Marie and Gathie, were expelled from Slip Hill Elementary in West Virginia for refusing to participate in the pledge of allegiance. The Barnette family were members of the Jehovah Witnesses faith, and believed that saluting the flag was going against their religion.
The Ruling
The Supreme Court justices ruled in favor of the Barnette family, in a 6-3 vote. The justices argued that national unity was improper justification of the violation of constitutional rights. It was famously stated by the Justice Robert Jackson, “If there is any fixed star in our constitutional constellation, it is that no official, high or petty, can prescribe what shall be orthodox in politics, nationalism, religion, or other matters of opinion, or force citizens to confess by word or act their faith therein.” This ruling honored public students constitutional rights, specifically the right of freedom of speech. The right to freedom of speech also includes the right to not speak, so by the court ruling in favor of the Barnette family it protected students' constitutional rights.
Its Relevance Today
The West Virginia State Board of Education v Barnette case was a landmark case in individual liberties. Its ruling in favor of the Barnette family backed the constitutional rights of every citizen and ensured the first amendment right of freedom of speech. This right of freedom of speech is a vital part of everyday life. From being able to voice your opinion at school to posting your opinions online for the world to see, all citizens of the United States of America have freedom of speech and this right is backed by cases like this one.
Conclusion
In conclusion, West Virginia v Barnette remains one of the Supreme Court’s strongest statements on individual liberty. The decision established that freedom of speech includes not only the right to speak, but also the right to refrain from speaking even when the government attempts to compel expression.
Works Cited
Driver, Justin. “Public Schools and the U.S. Supreme Court.” American Bar Association, 2 February 2026, https://www.americanbar.org/groups/public_education/publications/insights-on-law-and-society/volume-19/insights-vol-19-issue-2/public-schools-and-us-supreme-court/. Accessed 30 May 2026.
Foundation for Individual Rights and Expression. “WEST VIRGINIA STATE BOARD OF EDUCATION v. BARNETTE.” FIRE, N/A, https://www.fire.org/supreme-court/west-virginia-state-board-education-v-barnette. Accessed 30 May 2026.
Fredrickson, Caroline. “West Virginia State Board of Education v. Barnette | Constitution Center.” The National Constitution Center, N/A, https://constitutioncenter.org/the-constitution/supreme-court-case-library/west-virginia-board-of-education-v-barnette. Accessed 30 May 2026.