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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.
Felix Frankfurter (November 15, 1882 – February 22, 1965) was an Austrian-born American jurist who served as an Associate Justice of the Supreme Court of the United States from 1939 until 1962, during which he was an advocate of judicial restraint.
The elevation of Harlan Fiske Stone to Chief Justice, and the appointment of two new members to the Supreme Court, were also factors in the Court's reversal of policy. [25] On 14 June 1943 , the court handed down West Virginia State Board of Education v. Barnette. In addition to Murphy, Justices Black and Douglas also reversed their opinions ...
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In 1940, the Supreme Court decided in Minersville School District v. Gobitis that members of the Jehovah's Witnesses in a school could be required to salute the flag. The ruling in Gobitis, however, did not stand for long. In 1943, West Virginia State Board of Education v. Barnette, the Supreme Court essentially reversed its previous opinion.
After a brief stint at the Federal Communications Commission (1940–1941), he served as a law clerk to U.S. Supreme Court Justice Felix Frankfurter from 1941 to 1943. Among the opinions Elman was involved in drafting during his clerkship was Frankfurter's dissent in the second Flag Salute case, West Virginia State Board of Education v.
The Stone Court was less deferential in the area of civil liberties, striking down laws in cases such as Barnett, although Korematsu was a major exception to this trend. [2] Despite Roosevelt's appointment of seven of the nine justices (and the elevation of Stone), the justices held independent views and often found each other at odds in regard ...
Zorach v. Clauson, 343 U.S. 306 (1952), was a release time case in which the Supreme Court of the United States held that a school district allowing students to leave a public school for part of the day to receive off-site religious instruction did not violate the Establishment Clause of the First Amendment.