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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. Frankfurter was born in Vienna, immigrating to New York City at the age of 12.
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 ...
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)
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 .
[5] Referencing the 1943 case West Virginia State Board of Education v. Barnette, which resulted in fines and threats of imprisonment against those refusing to say the pledge being ruled unconstitutional, the Court held that "The regulation under attack here has no compulsory aspect. No penalties attach to a failure or refusal to recite the ...
Pickering v. Board of Education (1968) Board of Regents of State Colleges v. Roth (1972) Perry v. Sindermann (1972) Arnett v. Kennedy (1974) Parker v. Levy (1974) Madison School District v. Wisconsin Employment Relations Commission (1976) Mt. Healthy City School District Board of Education v. Doyle (1977) Givhan v. Western Line Consolidated ...