BOARD OF EDUCATION v. BARNETTE

No. 591.

319 U.S. 624 (1943)

WEST VIRGINIA STATE BOARD OF EDUCATION ET AL. v. BARNETTE ET AL.

Supreme Court of United States.

Decided June 14, 1943.


Attorney(s) appearing for the Case

Mr. W. Holt Wooddell, Assistant Attorney General of West Virginia, with whom Mr. Ira J. Partlow was on the brief, for appellants.

Mr. Hayden C. Covington for appellees.

Briefs of amici curiae were filed on behalf of the Committee on the Bill of Rights, of the American Bar Association, consisting of Messrs. Douglas Arant, Julius Birge, William D. Campbell, Zechariah Chafee, Jr., L. Stanley Ford, Abe Fortas, George I. Haight, H. Austin Hauxhurst, Monte M. Lemann, Alvin Richards, Earl F. Morris, Burton W. Musser, and Basil O'Connor; and by Messrs. Osmond K. Fraenkel, Arthur Garfield Hays, and Howard B. Lee, on behalf of the American Civil Liberties Union, — urging affirmance; and by Mr. Ralph B. Gregg, on behalf of the American Legion, urging reversal.


MR. JUSTICE JACKSON delivered the opinion of the Court.

Following the decision by this Court on June 3, 1940, in Minersville School District v. Gobitis, 310 U.S. 586, the West Virginia legislature amended its statutes to require all schools therein to conduct courses of instruction in history, civics, and in the Constitutions of the United States and of the State "for the purpose of teaching, fostering and perpetuating...

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