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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.
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. Barnette. [4] Elman and Frankfurter remained close friends; Elman would later recount that Frankfurter still regarded him as his clerk for years after Elman had joined the ...
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.
West Virginia State Board of Education v. Barnette , 319 U.S. 624 (1943) Gobitis , 310 U.S. 586 (1940), was a decision by the Supreme Court of the United States restricting the religious rights of public school students under the First Amendment to the United States Constitution .
In Everson v. Board of Education (1947), he authored an influential dissenting opinion in support of the separation of church and state. He sided with Jehovah's Witnesses seeking to invoke the First Amendment in cases such as West Virginia State Board of Education v. Barnette (1943) and Murdock v. Pennsylvania (1943); his majority opinion in Thomas
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Amicus curiae briefs and law review articles can influence the court by providing precedents or reasoning to support a position. In West Virginia State Board of Education v. Barnette the court overturned the precedent relating to school prayer that it had established in Minersville School District v.
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