Search results
Results From The WOW.Com Content Network
West Virginia State Board of Education v. Barnette, 319 U.S. 624 (1943), is a landmark decision by the United States Supreme Court holding that the First Amendment protects students from being forced to salute the American flag or say the Pledge of Allegiance in public school.
Justice Frankfurter had, in the Gobitis case, suggested that the Witnesses attempt to reverse the School Board's policy by exercising their vote. In the Barnette case, however, Justice Robert H. Jackson wrote, "the very purpose of the Bill of Rights was to withdraw certain subjects from the vicissitudes of political controversy, to place them ...
The Supreme Court overruled this decision three years later in West Virginia State Board of Education v. Barnette (1943). [2] Subsequent cases have applied a lower standard of review to generally applicable laws when evaluating free exercise claims; [3] Justice Antonin Scalia cited Frankfurter's Gobitis opinion at least three times in ...
In Baker v. Carr, Frankfurter's position was that the federal courts did not have the right to tell sovereign state governments how to apportion their legislatures; he thought the Supreme Court should not get involved in political questions, whether federal or local. [61] Frankfurter's view had won out in the 1946 case preceding Baker, Colegrove v.
The case overruled Minersville School District v. Gobitis, which had been decided just three years earlier by many of the same justices. Smith v. Allwright (1944): In an 8–1 decision written by Justice Reed, the court struck down a Texas law that allowed white primaries. The case overruled Grovey v.
For premium support please call: 800-290-4726 more ways to reach us
I would suggest that information about Justice Frankfurter's dissent be added to this article. Frankfurter agreed substantatively with the Opinion of the Court, but wrote a lengthy dissent focusing on his beliefs regarding judicial restraint. Juansmith 07:22, 19 January 2006 (UTC)
For First Amendment principles to be implicated, the State must place the citizen in the position of either apparently or actually "asserting as true" the message. This was the focus of Barnette [West Virginia State Board of Education v. Barnette, 319 U.S. 624 (1943)], and clearly distinguishes this case from that one.