1943+West+Virginia+State+Board+of+Education+v.+Barnette

This particular case was a significant victory for a family of Jehovah's Witnesses who argued that it was against their religion to salute or pledge the American flag (or any other symbol for that matter). However, this case was not won due to Freedom of Religion. It was won because it was ruled that the state does not have the power to force speech from anyone. Hence, the freedom of speech is taken to a whole new level--the freedom to speak AND the freedom NOT to speak!
 * West Virginia State Board of Education v. Barnette (1943) **
 * Summary of Case: **[[image:https://encrypted-tbn3.gstatic.com/images?q=tbn:ANd9GcRdr2e3K03wyTzNA1sy42Ff8maTvQc1SXJ4v1lLeuwg3WA2hURuyQ width="329" height="205"]]

In 1942, the West Virginia State Board of Education ordered that saluting the flag become a part of the daily program of the public schools in their state. They further said that all teachers and students were to participate and by not doing so would be an act of insubordination. If a student failed to comply, he/she would be expelled from school. To make matters worse, any parents who kept their child home from school could be fined $50 and face up to 30 days in jail. In light of that, the Barnettes were counseled to at least send their children to school even though they knew the children would be sent home for not participating in the pledge.

In a 6-3 decision it was held that nobody could be compelled to salute the flag. Two of the justices making the decision, Hugo Black and William O. Douglass, wrote, stated that a love of country must come from within. It cannot be coerced or forced. It has to be something that the individual chooses to do. Retrieved from, http://schoollawlandmarkcases.wikispaces.com/Landmark+Cases+in+Education+during+the+1800s 8/12/2013

In our society, the way it is in schools present day, the law is pretty clear; we can't force students to salute the flag or put their hand over their heart. We at least hope they will show respect for the beliefs and traditions for respecting what it took to have a country free of the tyranny that is taking place in many other countries.