West Virginia State Board of Education v. Barnette 1943

The question

Could public schools compel students to salute the flag?

What the Court held

No. “If there is any fixed star in our constitutional constellation, it is that no official … can prescribe what shall be orthodox.”

The vote

6–3

Overruled

Minersville School District v. Gobitis (1940), 3 years earlier.

Era

World War II

Read the opinion

319 U.S. 624 (1943), full text

This page summarizes the Court’s judgment in neutral terms. The opinion, concurrences and dissents are the authority; read them for the reasoning.