WEST VIRGINIA STATE BOARD OF EDUCATION V. BARNETTE
319 U.S. 624 (1943)
NATURE OF THE CASE: This was a dispute over the pledge of allegiance.
FACTS: The Board ordered that all pupils and teachers were to salute the Flag and recite
the Pledge of allegiance. Failure to conform is dealt with by expulsion and parents or
guardians are liable to prosecution, subject to fine not exceeding $50 and Jail term not
exceeding thirty days. Barnette (Ps) brought suit to restrain enforcement of these laws and
regulations against Jehovah's Witnesses. The Witnesses are an unincorporated body teaching
that the obligation imposed by law of God is superior to that of laws enacted by temporal
government. Their religious beliefs include a literal version of Exodus, Chapter 20, verses
4 and 5, which says: Thou shalt not make unto thee any graven image, or any likeness of
anything that is in heaven above, or that is in the earth beneath, or that is in the water
under the earth; thou shalt not bow down thyself to them nor serve them. They consider that
the flag is an 'image' within this command. For this reason, they refuse to salute it. The
court restrained enforcement. D appealed.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
Get
free access to the entire content for Mac, PC or Online
for 2-3 days and free samples
of all kinds of products.
for 2-3 days and free samples of all kinds of products.
https://bsmsphd.com
© 2007-2016 Abn Study Partner
No comments:
Post a Comment