West Virginia v. Barnette, 319 U.S. 624 (1943)
Free Speech Out Loud
Barnette's majority opinion is read by Nadine Strossen, professor of law at New York Law School, member of FIRE's Advisory Council, and former president of the ACLU.
Legal Question: Whether a compulsory flag-salute law for school children violates the First and Fourteenth Amendments.
Action: The injunction against the state's enforcement of the law at issue was granted.
Mr. Justice Jackson delivered the opinion of the Court, at 01:02
Mr. Justice Roberts and Mr. Justice Reed adhere to the views expressed by the Court in Gobitis, at 50:39
Mr. Justice Black and Mr. Justice Douglas, concurring, at 50:53
Mr. Justice Murphy, concurring, at 55:19
Mr. Justice Frankfurter, dissenting, at 1:00:42
This opinion's citations have been edited down for ease of listening. For more information, visit our explanation.
For more on West Virginia v. Barnette, visit FIRE's First Amendment Library.
For more episodes, visit thefire.org/outloud.