west virginia state board education barnette argued march decided june appeal district southern district west virginia holt wooddell webster springs appellants hayden covington brooklyn appellees justice jackson delivered opinion following decision june minersville school district gobitis west virginia legislature amended statutes require schools therein conduct courses instruction history civics constitutions state purpose teaching fostering perpetuating ideals principles spirit americanism increasing knowledge organization machinery government lant board education directed advice state superintendent schools courses study covering subjects public schools act made duty private parochial denominational schools prescribe courses study required public schools board education january adopted resolution containing recitals taken largely gobitis opinion ordering salute flag become regular part program activities public schools teachers pupils required participate salute honoring nation represented flag provided however refusal salute flag regarded act insubordination shall dealt accordingly resolution originally required accepted salute flag defined objections salute much like hitler raised parent teachers association boy girl scouts red cross federation women clubs modification appears made deference objections concession made jehovah witnesses required salute saluter keep right hand raised palm turned following repeated pledge allegiance flag america republic stands one nation indivisible liberty justice failure conform dealt expulsion readmission denied statute compliance meanwhile expelled child may proceeded delinquent parents guardians liable convicted subject fine exceeding jail term exceeding thirty days appellees citizens west virginia brought suit district others similarly situated asking injunction restrain enforcement laws regulations jehovah witnesses witnesses unincorporated body teaching obligation imposed law god superiod laws enacted temporal government religious beliefs include literal version exodus chapter verses says shalt make unto thee graven image likeness anything heaven earth beneath water earth thou shalt bow thyself serve consider flag within command reason refuse salute children faith expelled school threatened exclusion cause officials threaten send reformatories maintained criminally inclined juveniles parents children prosecuted threatened prosecutions causing delinquency board education moved dismiss complaint setting forth facts alleging law regulations unconstitutional denial religious freedom freedom speech invalid process protection clauses fourteenth amendment federal constitution cause submitted pleadings district three judges restrained enforcement plaintiffs class board education brought case direct appeal case calls upon us reconsider precedent decision throughout history often required turning gobitis case however desirable notice certain characteristics controversy distinguished freedom asserted appellees bring collision rights asserted individual conflicts frequently require intervention state determine rights one end another begin refusal persons participate ceremony interfere deny rights others question case behavior peaceable orderly sole conflict authority rights individual state asserts power condition access public education making prescribed sign profession time coerce attendance punishing parent child latter stand right matters touch individual opinion personal attitude present chief justice said dissent gobitis case state may teaching instruction study history structure organization government including guaranties civil liberty tend inspire patriotism love country page page however dealing compulsion students declare belief merely made acquainted flag salute may informed even means issue whether slow easily route aroused loyalties constitutionally may substituting compulsory salute slogan issue prejudiced previous holding state without compelling attendance extends college facilities pupils voluntarily enroll may prescribe military training part course without offense constitution held take advantage opportunities may ground conscience refuse compliance conditions hamilton regents present case attendance optional case also distinguished present one independently college privileges requirements state power raise militia impose duties service therein upon citizens doubt connection pledges flag salute form utterance symbolism primitive effective way communicating ideas use emblem flag symbolize system idea institution personality short cut mind mind causes nations political parties lodges ecclesiastical groups seek knit loyalty followings flag banner color design state announces rank function authority crowns maces uniforms black robes church speaks cross crucifix altar shrine clerical reiment symbols state often convey political ideas religious symbols come convey theological ones associated many symbols appropriate gestures acceptance respect salute bowed bared head bended knee person gets symbol meaning puts one man comfort inspiration another jest scorn decade ago chief justice hughes led holding display red flag symbol opposition peaceful legal means organized government protected free speech guaranties constitution stromberg california state employs flag symbol adherence government presently organized requires individual communicate word sign acceptance political ideas thus bespeaks objection form communication coerced old one well known framers bill rights also noted compulsory flag salute pledge requires affirmation belief attitude mind clear whether regulation contemplates pupils forego contrary convictions become unwilling converts prescribed ceremony whether acceptable simulate assent words without belief gesture barren meaning commonplace censorship suppression expression opinion tolerated constitution expression presents clear present danger action kind state empowered prevent punish seem involuntary affirmation commanded even immediate urgent grounds silence power pulsion invoked without allegation remaining passive flag salute ritual creates clear present danger justify effort even muffle expression sustain compulsory flag salute required say bill rights guards individual right speak mind left open public authorities compel utter mind whether first amendment constitution permit officials order observance ritual nature depend upon whether voluntary exercise think good bad merely innocuous credo nationalism likely include disapprove omit others think essential give different overtones takes different accents interpretations official power exists coerce acceptance patriotic creed shall contain decided courts must largely discretionary ordaining authority whose power prescribe doubt include power amend hence validity asserted power force american citizen publicly profess statement belief engage ceremony assent one presents questions power must considered independently idea may utility ceremony question issue see turn one possession particular religious views sincerity held religion supplies appellees motive enduring discomforts making issue case many citizens share religious views hold compulsory rite infringe constitutional liberty individual necessary inquire whether beliefs exempt duty salute unless first find power make salute legal duty gobitis decision however assumed argument case power exists state impose flag salute discipline upon school children general examined rejected claim based religious beliefs immunity unquestioned general rule question underlies flag salute controversy whether ceremony touching matters opinion political attitude may imposed upon individual official authority powers committed political organization constitution examine rather assume existence power broader definition issues case examine specific grounds assigned gobitis decision said controversy confronted problem lincoln cast memorable dilemma government necessity strong liberties people weak maintain existence answer must favor strength minersville school district gobitis supra page page think issues may examined free pressure restraint growing considerations may doubted whether lincoln thought strength government maintain impressively vindicated confirming power state expel handful children school oversimplification handy political debate often lacks precision necessary postulates judicial reasoning validly applied problem utterance cited resolve every issue power favor authority require us override every liberty thought weaken delay execution policies government limited power need anemic government assurance rights secure tends diminish fear jealousy strong government making us feel safe live makes better support without promise limiting bill rights doubtful constitution mustered enough strength enable ratification enforce rights today choose weak government strong government adhere means strength individual freedom mind preference officially disciplined uniformity history indicates disappointing disastrous end subject us exemplifies principle free public education faithful ideal secular instruction political neutrality partisan enemy class creed party faction impose ideological discipline however party denomination must seek control failing weaken influence educational system observance limitations constitution weaken government field appropriate exercise also considered gobitis case functions educational officers counties school districts interfere authority effect make us school board country page page fourteenth amendment applied protects citizen state education excepted course important delicate highly discretionary functions none may perform within limits bill rights educating young citizenship reason scrupulous protection constitutional freedoms individual strangle free mind source teach youth discount important principles government mere platitudes boards numerous territorial jurisdiction often small small local authority may feel less sense responsibility constitution agencies publicity may less vigilent calling count action congress making flag observance respecting conscience objector matter vital raising contrasts sharply local regulations matters relatively trivial welfare nation village tyrants well village hampdens none acts color law beyond reach constitution gobitis opinion reasoned field courts possess marked certainly controlling competence committed legislatures well courts guard cherished liberties constitutionally appropriate wise use legislative authority forum public opinion legislative assemblies rather transfer contest judicial arena since means inducing political changes left free page pages purpose bill rights withdraw certain subjects vicissitudes political controversy place beyond reach majorities officials establish legal principles applied courts one right life liberty property free speech free press freedom worship assembly fundamental rights may submitted vote depend outcome elections weighing arguments parties important distinguish due process clause fourteenth amendment instrument transmitting principles first amendment cases applied sake test legislation collides fourteenth amendment also collides principles first much definite test fourteenth involved much vagueness due process clause disappears specific prohibitions first become standard right state regulate example public utility may well include far due process test concerned power impose restrictions legislature may basis adopting freedoms speech press assembly worship may infringed slender grounds susceptible restriction prevent grave immediate danger interests state may lawfully protect important note fourteenth amendment bears directly upon state specific limiting principles first amendment finally govern case duty apply bill rights assertions official authority depend upon possession marked competence field invasion rights occurs true task translating majestic generalities bill rights conceived part pattern liberal government eighteenth century concrete restraints officials dealing problems twentieth century one disturb principles grew soil also produced philosophy individual center society liberty attainable mere absence governmental restraints government entrusted controls mildest sion men affairs must transplant rights soil concept principle withered least economic affairs social advancements increasingly sought closer integration society expanded strengthened governmental controls changed conditions often deprive precedents reliability cast us choose upon judgment act matters authority competence force commissions modest estimates competence specialties public education withhold judgment history authenticates function liberty infringed lastly heart gobitis opinion reasons unity basis national security authorities right select appropriate means attainment hence reaches conclusion compulsory measures toward unity constitutional page page upon verity assumption depends answer case national unity end officials may foster persuasion example question problem whether constitution compulsion employed permissible means achievement struggles coerce uniformity sentiment support end thought essential time country waged many good well evil men nationalism relatively recent phenomenon times places ends racial territorial security support dynasty regime particular plans saving souls first moderate methods attain unity failed bent accomplishment must resort severity governmental pressure toward unity becomes greater strife becomes bitter whose unity shall probably deeper division people proceed provocation finding necessary choose doctrine whose program public educational officials shall compel youth unite embracing ultimate futility attempts compel coherence lesson every effort roman drive stamp christianity disturber pagan unity inquisition means religious dynastic unity siberian exiles means russian unity fast failing efforts present totalitarian enemies begin coercive elimination dissent soon find exterminating dissenters compulsory unification opinion achieves unanimity graveyard seems trite necessary say first amendment constitution designed avoid ends avoiding beginnings mysticism american concept state nature origin authority set government consent governed bill rights denies power legal opportunity coerce consent authority controlled public opinion public opinion authority case made difficult ecause principles decision obscure flag involved nevertheless apply limitations constitution fear freedom intellectually spiritually diverse even contrary disintegrate social organization believe patriotism flourish patriotic ceremonies voluntary spontaneous instead compulsory routine make unflattering estimate appeal institutions free minds intellectual individualism rich cultural diversities owe exceptional minds price occasional eccentricity abnormal attitudes harmless others state deal price great freedom differ limited things matter much mere shadow freedom test substance right differ things touch heart existing order fixed star constitutional constellation official high petty prescribe shall orthodox politics nationalism religion matters opinion force citizens confess word act faith therein circumstances permit exception occur us think action local authorities compelling flag salute pledge transcends constitutional limitations power invades sphere intellect spirit purpose first amendment constitution reserve official control decision minersville school district gobitis holdings per curiam decisions preceded foreshadowed overruled judgment enjoining enforcement west virginia regulation affirmed affirmed justice roberts justice reed adhere views expressed minersville school district gobitis opinion judgment reversed justice black justice douglas concurring substantially agreement opinion read since originally joined gobitis case appropriate make brief statement reasons change view reluctance make federal constitution rigid bar state regulation conduct thought inimical public welfare controlling influence moved us consent gobitis decision long reflection convinced us although principle sound application particular case wrong jones opelika believe statute us fails accord full scope freedom religion secured appellees first fourteenth amendments statute requires appellees participate ceremony aimed inculcating respect flag country jehovah witnesses without desire show disrespect either flag country interpret bible commanding risk god displeasure go form pledge allegiance flag devoutness belief evidenced willingness suffer persecution punishment rather make pledge society leave individuals absolute right make final decisions unassailable state everything first amendment go far religious faiths honestly held free individuals responsibility conduct obediently laws either imperatively necessary protect society whole grave pressingly imminent dangers without general prohibition merely regulate time place manner religious activity decision constitutionality particular laws strike substance religious tenets practices must made duty solemn one meeting say failure religious scruples assume particular physical position repeat words patriotic formula creates grave danger nation statutory exaction form test oath test oath always abhorrent words uttered coercion proof loyalty nothing interest love country must spring willing hearts free minds inspired fair administration wise laws enacted people elected representatives within bounds express constitutional prohibitions laws must consistent first amendment permit widest toleration conflicting viewpoints consistent society free men neither domestic tranquillity peace martial effort war depend compelling little children participate ceremony ends nothing fear spiritual condemnation think fears groundless time reason proper antidotes errors ceremonial enforced conscientious objectors likely defeat serve high purpose handy implement disguised religious persecution inconsistent constitution plan purpose justice murphy concurring agree opinion join complaint challenges order state board education requires teachers pupils participate prescribed salute flag refusal conform requirement state law prescribes pulsion offender required law treated unlawfully absent school parent guardian made liable prosecution punishment absence thus privilege public education conditioned compliance requirement virtually made unlawful effect compliance compulsory optional claim appellees regulation invalid restriction religious freedom freedom speech secured state infringement first fourteenth amendments constitution dp reluctance interfere considered state action fact end sought desirable one emotion aroused flag symbol fought fighting understandable us right freedom believe freedom worship one maker according dictates one conscience right constitution specifically shelters reflection convinced judge loftier duty responsibility uphold spiritual freedom farthest reaches right freedom thought religion guaranteed constitution state action includes right speak freely right refrain speaking except far essential operations government may require preservation orderly society case compulsion give evidence without wishing disparage purposes intentions hope inculcate sentiments loyalty nd patriotism requiring declaration allegiance feature public education unduly belittle benefits may accrue therefrom impelled conclude requirement essential maintenance effective government orderly society many deeply distasteful join public chorus affirmation private belief cluding members sect apparently regarded incompatible primary religious obligation therefore restriction religious freedom official compulsion affirm contrary one religious beliefs antithesis freedom worship well recall achieved country jefferson characterized contests ever engaged unable agree benefits may accrue society compulsory flag salute sufficiently definite tangible justify invasion freedom privacy entailed compensate restraint freedom individual vocal silent according conscience personal inclination trenchant words preamble virginia statute religious freedom remain unanswerable attempts influence mind temporal punishment burthens civil incapacitations tend beget habits hypocrisy meanness code spark love country may generated child associates forcing make empty gesture recite words wrung contrary religious beliefs overshadowed desirability preserving freedom conscience full freedom example persuasion force compulsion real unity america lies justice frankfurter dissenting one belongs vilified persecuted minority history likely insensible freedoms guaranteed constitution purely personal attitude relevant heartedly associate general libertarian views opinion representing thought action lifetime judges neither jew gentile neither catholic agnostic owe equal attachment constitution equally bound judicial obligations whether derive citizenship earliest latest immigrants shores member justified writing private notions policy constitution matter deeply may cherish mischievous may deem disregard duty judge must decide two claims shall prevail state enact enforce laws within general competence individual refuse obedience demands conscience ordinary person never emphasized much one opinion wisdom evil law excluded altogether one one duty bench opinion even looking direction material opinion whether legislators reason enacted law light circumstances including history question require daring possess deny reasonable legislators taken action us review unwillingly therefore must differ brethren regard legislation like bring mind believe secured due process clause gives authority deny state west virginia attainment recognize legitimate legislative end namely promotion good citizenship employment means chosen long ago admonished check upon exercise power sense removal unwise laws statute books appeal lies courts ballot processes democratic government butler dissent told generalities decide concrete cases intensity general principle held may determine particular issue whether put first things first may decide specific controversy admonition judicial alone limits arbitrary exercise authority relevant every time asked nullify legislation constitution give us greater veto power dealing one phase another dealing grade school regulations college regulations offend conscience case hamilton regents neither situation function comparable legislature free act though superlegislature judicial equally necessary whenever exercise political legislative power challenged warrant constitutional basis authority attributing different roles depending upon nature challenge legislation power vary according particular provision bill rights invoked right property taken without compensation far scope judicial power concerned constitutional dignity right protected unreasonable searches seizures latter less claim freedom press freedom speech religious freedom instance primary protector particular liberty invoked recognized hardly denied provisions first ten amendments prohibitions carolene products note specific amendment far embraced within fourteenth amendment must equally respected function differ passing constitutionality legislation challenged different amendments justice holmes speaking wrote must remembered legislatures ultimate guardians liberties welfare people quite great degree courts missouri kansas texas may went essence constitutional system democratic conception society mean phases civil government supplant legislatures sit judgment upon right wrong challenged measure stating comprehensive judicial duty role constitutional scheme whenever legislation sought nullified ground namely responsibility legislation lies legislatures answerable directly people narrow function determine whether within broad grant authority vested legislatures exercised judgment reasonable justification offered framers federal constitution might chosen assign active share process legislation example new york council revision functioning since stating inconsistent spirit constitution public good may hastily unadvisedly passed state constitution made judges new york part legislative process providing bills passed senate assembly shall become laws presented council judges constituted majority revisal consideration art iii new york constitution judges exercised legislative function new york nearly fifty years see art new york constitution framers constitution denied legislative powers federal judiciary chose instead insulate judiciary legislative function grant supervision legislation reason beginning even narrow judicial authority nullify legislation viewed jealous eye serves prevent full play democratic process fact may undemocratic aspect scheme government call rejection disuse best reasons frequently recognized greatest caution use precise scope question us defines limits constitutional power issue state west virginia requires pupils share salute flag part school training citizenship present action one enjoin enforcement requirement school attendance us attempt state punish disobedient children visit penal consequences parents question right state compel participation exercise choose attend public schools reviewing merely action local school board flag salute requirement case comes us full authority state west virginia fact passing judgment power state whole rippey texas skiriotes florida practically passing upon political power moreover since first amendment read fourteenth problem precisely us act congress district columbia suggest cerned heedless action village tyrants distort augustness constitutional issue reach consequences decision constitutional system legislature charged solely civil concerns society avowed intrinsic legislative purpose either promote discourage religious community creed clearly within constitutional restrictions imposed legislatures stand means follows legislative power wanting whenever general civil regulation fact touches conscientious scruples religious beliefs individual group regard scruples beliefs undoubtedly presents one reasonable claims exertion legislative accommodation course beyond power rewrite state requirement providing exemptions wish participate flag salute making accommodations meet scruples wisdom might suggest making accommodations school administration find difficult make yet maintain ceremony refusing conform outside province suggest tact respect generosity toward variant views always commend charged duties legislation achieve maximum good require minimum unwilling submission general law real question make accommodations courts legislature dry technical matter cuts deep one conception democratic concerns less practical differences means making accommodations open courts legislatures strike say law void modify qualify make exceptions general ment strikes merely day least finding unconstitutionality ephemeral significance unless constitution reduced fugitive importance mere legislation dealing constitution particularly great safeguards bill rights dealing principles liberty justice rooted traditions conscience people ranked without fair enlightened system justice impossible palko connecticut hurtado california function essentially different legislature considerations governing constitutional construction substantially underlie legislation indeed judges life tenure made directly responsible electorate many unsuccessful proposals last sixty years amend constitution end see doc pp conscientious scruples admit stand every legislative compulsion positive acts conflict scruples told compulsions override religious scruples major concerns state determination major minor raises questions policy way men equally guided reason appraise importance goes heart policy judges diffident setting judgment state determining major concern means appropriate proper ends total social cost striking balance imponderables one say assurance history grew constitutional provisions religious ity writings great exponents religious madison john adams benjamin totally wanting justification claim dissidents exceptional immunity civic measures general applicability measures fact disguised assaults upon dissident views great leaders american revolution determined remove political support every religious establishment put equality different religious episcopalians presbyterians catholics baptists methodists quakers dissenters heel various orthodoxies prevailed different colonies far state concerned neither orthodoxy heterodoxy jefferson followed wrote guaranties religious freedom constitutions religious minorities well religious majorities equal eyes political state jefferson others also knew minorities may disrupt society never occurred write constitution subordination general civil authority state sectarian scruples constitutional protection religious freedom terminated disabilities create new privileges gave religious equality civil immunity essence freedom conformity religious dogma freedom conformity law religious dogma religious loyalties may exercised without hindrance state state may exercise except leave religious loyalties within domain temporal power otherwise individual set censor obedience laws conscientiously deemed public good whose business make laws prohibition religious establishment government placed denominations equal assured freedom support government mode worship freedom individuals support mode worship person may therefore believe disbelieve pleases may practice house worship publicly within limits public order lawmaking authority circumscribed variety religious beliefs otherwise constitutional guaranty protection free exercise religion denial exercise legislation essence religious freedom guaranteed constitution therefore religion shall either receive state support incur hostility religion outside sphere political government mean matters religious organizations beliefs may pronounce outside sphere government instead separation church state subordination state matter deemed within sovereignty religious conscience much concern temporal authority affects spiritual interests men enough strike law may hurt offend dissident view easy cite numerous prohibitions injunctions laws run counter variant interpretations bible made tests obedience law validity secular laws measured conformity religious doctrines theocratic state ecclesiastical doctrines measure legal right wrong act compelling profession allegiance religion matter subtly tenuously promoted bad act promoting good citizenship national allegiance within domain governmental authority therefore judged considerations power constitutionality involved many claims immunity civil obedience religious scruples claims pressed behalf sincere religious convictions establish constitutional validity waving banner religious fredom relieve us examining power asked deny otherwise doctrine separation church state cardinal history nation liberty people mean disestablishment state church establishment churches religious groups subjection dissidents general requirement saluting flag measure conducive training children good citizenship far first instance exacting obedience general laws offended deep religious scruples compulsory vaccination see jacobson massachusetts food inspection regulations see shapiro lyle obligation bear arms see hamilton regents testimonial duties see stansbury marks dall compulsory medical treatment see people vogelgesang illustrations conduct ofteen compelled enforcement legislation general applicability even though religious consciences particular individuals rebelled exaction law concerned external behavior inner life man rests large measure upon compulsion socreates lives history partly gave life conviction duty obedience secular law presuppose consent enactment belief virtue consent upon free government rests consent comes sharing process making unmaking laws state shut domain individual conscience may deny state claim individual science may profess faith chooses may affirm promote language constitution may thereby restrict community action political organs matters community concern long action asserted discriminatory way either openly stealth one may right practice one religion time owe duty formal obedience laws run counter one beliefs compelling belief implies denial opportunity combat assert dissident views compulsion one thing quite another matter submission conformity action denying wisdom virtue ample opportunity seeking change abrogation hamilton regents unanimously held one attending university refuse attendance courses offend religious scruples decision overruled today distinguished ground attendance institution higher education voluntary therefore student refuse compliance conditions yet take advantage opportunities west virginia compel attendance public schools children concerned west virginia compel denied right state require children attend public schools pierce society sisters public schools west virginia imposes conditions deems necessary development future citizens precisely california deemed necessary requirements offended student conscience hamilton case need higher education duty state provide part public educational system part democratic faith right secure education institutions maintained public funds unquestioned practical opportunities obtaining becoming increasing measure conventional equipment american youth may less burdensome parents increasingly called upon bear sending children parochial schools education provided public schools though supported taxes satisfy ethical educational necessities find impossible far constitutional power concerned differentiate sanctioned hamilton case nullified case still remains explained grounds justice cardozo opinion hamilton regents supra sufficient sustain flag salute requirement requirement like requirement hamilton case interference state free exercise religion liberties constitution read light century half history days peace war religious worshiper liberties thus extended might refuse contribute taxes furtherance condemned conscience irreligious immoral right private judgment never yet exalted powers compulsion agencies government page page parents privilege choosing schools wish children attend question whether state may make certain requirements seem desirable important proper education future citizens go schools maintained whether pupils schools may relieved requirements run counter consciences parents parents right send children schools choosing state right bring schools strict governmental control give direction concerning intimate essential details schools intrust control public officers deny owners patrons reasonable choice discretion respect teachers curriculum textbooks farrington tokushige state likewise constitutional power make reasonable provisions proper instruction children schools maintained dealing religious scruples dealing almost numberless variety doctrines beliefs entertained equal sincerity particular groups satisfy man needs relation mysteries universe distinctive established religious denominations state pennsylvania west virginia many religious scruples afford immunity civic obedience laws may invoked religious beliefs individual even though holds membership sect organized denomination certainly called upon determine claims conscience recognized rejected satisfying constitution protects indeed resurrect discriminatory treatment religion constitution sought forever forbid confronted task considering claims immunity obedience law dealing civil affairs religious scruples conceive religion narrowly terms judge augustus hand recently characterized unnecessary attempt definition religion content term found history human race incapable compression words religious belief arises sense inadequacy son means relating individual universe may justly regarded response individual inward mentor call conscience god many persons present time equivalent always thought religious impulse kauten consider controversial issue compulsory public schools educational policies great conflict state courts divided decisions issue whether requirement offends constitutional provisions dealing religious freedom requirement reading justified various state courts appropriate means inculcating ethical precepts familiarizing pupils lasting expression great english literature overthrow variant state educational policies denying right entertain convictions regard school systems belief king james version fact sectarian text parents catholic jewish faiths protestant persuasions may rightly object children exposed hand religious consciences parents may rebel absence schools see state washington ex rel clithero showalter enter old controversy science religion unduly defining limits within state may experiment school curricula religious consciences parents may offended subjecting children biblical account creation another state may offend parents prohibiting teaching biology contradicts biblical account compare scopes state tious objections devoutly felt parents poisoning impressionable minds children chauvinistic teaching history far fanciful suggestion belief many thoughtful people nationalism war issues offing admonish us difficulties complexities confront duty administering local school systems citizens taxed support public schools although denied right state compel children go schools recognized right parents send children privately maintained schools parents dissatisfied public schools thus carry double educational burden children go public school enjoy many derivative advantages free text books free lunch free transportation going school claims equity treatment parents religious scruples send children public schools claim right send children privately maintained schools partly exercise religious conviction render effective right accompanied quality treatment state supplying free textbooks free lunch free transportation children go private schools claim grants offensive cardinal constitutional doctrine separation church state questions assume increasing importance view steady growth parochial schools number population borrowing trouble adumbrating issues parading horrible examples consequences today decision aware must decide case us case mean case dissociated past unrelated future must decide case due regard went less regard may come really fair construction fundamental concept right freely exercise one religion state choose require children attend public school make gesture allegiance symbol national life may offend conscience children may compel children attend public school listen king james version although may offend consciences parents larger issue claiming immunity obedience general civil regulation reasonable relation public purpose within general competence state see pierce society sisters another member sect us insisted forbidding two little girls aged nine twelve distribute pamphlets oregon infringed freedom religion children engaged gospel god kingdom procedural technicality led dismissal case problem remains mcsparran city portland questions lightly stirred touch delicate issues solution challenges best wisdom political religious statesmen presents awful possibilities try encase solution problems within rigid prohibitions unconstitutionality told flag salute doubtful substitute adequate understanding institutions require school exercise justify means promoting good citizenship children merely one diverse means accomplishing worthy end may deem foolish measure point organ government resolve doubts whether fulfill purpose doubt sonable mind entertain deny right resolve doubts way majority may seem essential welfare state may offend consciences minority long inroads made upon actual exercise religion minority deny political power majority enact laws concerned civil matters simply may offend consciences minority really means consciences minority sacred enshrined constitution consciences majority told symbolism dramatic primitive way communicating ideas symbolism inescapable even sophisticated live symbols make psychological judgments effectiveness particular symbol inculcating concededly indispensable feelings particularly state happens see fit utilize symbol represents heritage hopes surely flippancy responsible suggestion constitutional validity requirement salute flag implies equal validity requirement salute dictator significance symbol lies represents reject swastika imply rejection cross bears repetition say mocks reason denies whole history find allowance requirement salute flag fitting occasions seeds sanction obeisance leader deny power employ educational symbols say state educational system may stimulate imagination may lead unwise stimulation right west virginia utilize flag salute part educational process denied argued justified means meeting present danger national unity passing deserves noted four cases mously sustained power utilize educational measure arose decided present world war measure state power make regulations resisted imminence national danger wholly misconceive origin purpose concept present danger apply test assume however unwittingly legislative responsibility belong talk present danger touchstone allowable educational policy whenever school curricula may impinge upon boundaries individual conscience take felicitous phrase context particular situation arose adapted justice holmes used phrase present danger case involving mere speech means alone accomplish sedition time war phrase meant merely indicate view protection given utterance first amendment order mere utterance may proscribed words used used circumstances nature create clear present danger bring substantive evils congress right prevent schenck evils speaking inducement insubordination military naval forces obstruction enlistment country war enunciating formal rule restriction upon speech still less compulsion conscience balks unless imminent danger thereby wrought institutions government flag salute exercise kinship whatever oath tests odious history oath test one instruments suppressing heretical beliefs saluting flag suppresses belief curbs children parents may believe please avow belief practice even remotely suggested requirement saluting flag involves slightest restriction fullest opportunity part children parents disavow publicly choose meaning others attach gesture salute channels affirmative free expression open children parents us act state putting slightest curbs upon free expression lag behind member striking invasion right freedom thought freedom speech protected constitution fortified view case history flag salute controversy five times precise question us adjudicated four times unanimously found requirement school exercise beyond powers indeed first three cases come constitutional claim sustained deemed clearly unmeritorious dismissed appeals want substantial federal question leoles landers hering state board education gabrielli knickerbocker fourth case judgment district upholding state law summarily affirmed authority earlier cases johnson deerfield fifth case minersville district gobitis brought decision circuit appeals third circuit ran counter rulings reaffirmed full consideration one justice dissenting may even significant uniform recognition state authority fact every hitherto participated judging matter one times found constitutional infirmity condemned two justices sitting first time matter heretofore found legislation inoffensive guaranteed constitution among justice sustained measure outstanding judicial leaders zealous enforcement constitutional safeguards civil like chief justice hughes justice brandeis justice cardozo mention longer one conception constitution severed one conception judge function applying reason existence merely reflects pressures day system built faith men set apart special function freed influences immediacy form deflections worldly ambition become able take view longer range period responsibility entrusted congress legislatures dealing matters legislators voters conflicting views judges impose strong convictions wisdom lies three years ago seemed five successive courts lie within permissible areas legislation outlawed deciding shift opinion two justice reason believe successors may another view years hence deemed fundamental nature written constitution endure times sport shifting winds doctrine course judicial opinions even questions constitutionality immuntable true past time time reverse position believe never jehovah witnesses cases except minor deviations subsequently retraced overruled decisions restrict powers democratic government always heretofore withdrawn narrow views legislative authority authorize formerly denied view history must plain thirteen justices found within constitutional authority state legislators deemed unreasonable enacting therefore denying heretofore received impressive judicial sanction tests unconstitutionality must surely guiding absence rational justification legislation know test authorized apply nullifying legislation past time time set views policy embodied legislation finding laws conflict called constitution undefined destructive power conferred constitution duly enacted law judicially nullified must forbidden explicit restriction upon political authority constitution equally inadmissible claim strike legislation us individuals seems opposed purpose constitution tempting basis finding one personal views purposes founders uncontrollable power wielded brings close sensitive areas public affairs appeal legislation adjudication becomes frequent consequences reaching judicial becomes less important lest unwarrantably enter social political domains wholly outside concern think appreciate fully objections law us deny presents question upon men might reasonably differ appears intolerance since men may reasonably differ deem beyond constitutional power assert view wisdom law view state west virginia jefferson opposition judicial review accepted history still serves admonition confusion judicial political functions rule judicial still valid lincoln admonition pass laws duty pass laws also duty observe constitution even though legislation relates civil liberties duty deference responsibility making laws less relevant less exacting especially consider accidental contingencies one man may determine constitutionality thereby confine political power congress legislatures attitude judicial humility thse considerations enjoin abdication judicial function due observance limits moreover borne mind question like passing proper distribution political power central government discharging basic function mediator powers within federal system strike law like deny power government whole conscious case reaches ultimate questions judicial power relation scheme government appropriate therefore recall utterance wise knew analyzing really involved theory function put test practice analysis james bradley thayer developed vast growing increase judicial interference legislation ent state things fathers contemplated century ago framing new system seldom indeed imagined system great novel tremendous power courts exerted sacred ark covenant taken within veil marshall expressed truly one aspect matter said one later years life questions brought judicial tribunal greater delicacy involve constitutionality legislative acts become indispensably necessary case must meet decide case may determined grounds respect legislature requires obligation laws unnecessarily wantonly assailed little earlier laid one true rule duty courts went philadelphia end september painful errand spoken answering cordial tribute bar city remarked might permitted claim associates part kind things said sought enlarge judicial power beyond proper bounds feared carry fullest extent duty required safe twofold rule first part whit less important second nay part requires emphasized comes consideration great weight great indeed inestimable advantages popular government conservative influence power judiciary disregard unconstitutional legislation remembered exercise even unavoidable always attended serious evil namely correction legislative mistakes comes outside people thus lose political experience moral education stimulus come fighting question ordinary way correcting errors decision munn illinois cases years ago tender cases nearly thirty years ago different legislation question thought many unconstitutional many set aside saved trouble harm venture think good came country people vigorous thinking done political debates followed infiltration every part population sound ideas sentiments rousing activity opposite elements enlargement ideas strengthening moral fibre growth political experience came far outweighed evil ever flowed refusal interfere work legislature tendency common easy resort great function lamentably common dwarf political capacity people deaden sense moral responsibility light thing done courts cure evil opportunity great one let resolutely adhere first principles let consider narrow function constitutions conferred office merely deciding litigated cases large therefore duty intrusted others legislature body charged primarily duty judging constitutionality work constitutions generally give authority call upon advice must decide courts may never able say word body charged every state almost legislative power people entitled entire real respect entitled among rationally permissible opinions constitution allows choice courts often said think legislators legislature great continuous body abstracted transitory individuals may happen hold power majestic representative people whose action question coo rdinate department government charged greatest functions invested contemplation law whatsoever wisdom virtue knowledge exercise functions requires set aside acts body representing field highest ultimate sovereign solemn unusual painful act something wrong ever true holders legislative power careless evil yet constitutional duty remains untouched rightly attempt protect people undertaking function hand adhering rigidly duty help nothing else fix spot responsibility lies bring precise locality thunderbolt popular condemnation judiciary dealing acts coo rdinate legislators owe country greater clearer duty keeping hands acts wherever possible true course judicial duty powerfully help bring people representatives sense responsibility still remain judiciary ample field determinations remarkable jurisdiction american law much reason proud jurisdiction chief illustrations greatest triumphs marshall time courts refusing exercise thayer john marshall course patriotism enforced flag salute neither liberal spirit enforced judicial invalidation illiberal legislation constant preoccupation constitutionality legislation rather wisdom tends preoccupation american mind false value tendency focusing attention constitutionality make constitutionality synonymous wisdom regard law right constitutional attitude great enemy liberalism particularly legislation affecting freedom thought freedom speech much offend society constitutional liance precious interests civilization therefore must found outside vindication courts law persistent positive translation faith free society convictions habits actions community ultimate reliance unabated temptations fetter human spirit footnotes west virginia code supp public private parochial denominational schools located within state shall given regular courses instruction history civics constitutions state west virginia purpose teaching fostering perpetuating ideals principles spirit americanism increasing knowledge organization machinery government state west virginia state board education shall advice state superintendent schools prescribe courses study covering subjects public elementary grammar schools public high schools state normal schools shall duty officials boards authority respective private parochial denominational schools prescribe courses study schools control supervision similar required public schools text follows west virginia state board education holds highest regard rights privileges guaranteed bill rights constitution america constitution west virginia specifically first amendment constitution restated fourteenth amendment document guarantee religious freedom article iii constitution west virginia state board education honors broad principle one convictions ultimate mystery universe man relation placed beyond reach law propagation belief protected whether church chapel mosque synagogue tabernacle meeting house constitutions state west virginia assure generous immunity individual imposition penalty offending course religious activities religious views others minority dominant government west virginia state board education recognizes manifold character man relations may bring conception religious duty conflict secular interests fellowman conscientious scruples course long struggle religious toleration relieved individual obedience general law aimed promotion restriction religious beliefs mere possession convictions contradict relevant concerns political society relieve citizen discharge political responsibility west virginia state board education holds national unity basis national security flag nation symbol national unity transcending internal differences however large within framework constitution flag symbol nation power emblem freedom truest best sense signifies government resting consent governed liberty regulated law protection weak strong security exercise arbitrary power absolute safety free institutions foreign aggression west virginia state board education maintains public schools established legislature state west virginia authority constitution state west virginia supported taxes imposed legally constituted measures dealing formative period development citizenship flag allowable portion program schools thus publicly supported resolved west virginia board education hereby recognize order commonly accepted salute flag right hand placed upon breast following pledge repeated unison pledge allegiance flag america republic stands one nation indivisible liberty justice becomes regular part program activities public schools supported whole part public funds teachers defined law west virginia pupils schools shall required participate salute honoring nation represented flag provided however refusal salute flag regarded act insubordination shall dealt accordingly national headquarters flag association takes position extension right arm salute flag salute quite similar pledge flag right arm extended raised palm upward whereas nazis extend arm practically straight front finger tips even eyes palm downward fascists except raise arm slightly higher james moss flag history symbolism offered lieu participating flag salute ceremony publicly give following pledge pledged unqualified allegiance devotion jehovah almighty god kingdom jesus commands christians pray respect flag acknowledge symbol freedom justice pledge allegiance obedience laws consistent god law set forth bible west virginia code supp child dismissed suspended expelled school refusal child meet legal lawful requirements school established regulations county state board education admission child school shall refused requirements regulations complied child shall treated unlawfully absent school time refuses comply requirements regulations person legal actual control child shall liable prosecution provisions article absence child school west virginia code see note supra west virginia code judicial code see authorities cited helvering griffiths page note decided march see survey study american history conducted new york times results published issue june summarized follows per cent institutions higher learning require study history undergraduate degree eighteen per cent colleges universities require history courses degree awarded found many students complete four years college without taking history courses dealing country per cent colleges universities require history admission per cent require result survey revealed many students go high school college professional graduate institution without explored courses history country per cent total undergraduate body enrolled history classes spring semester ended per cent freshman class took courses history although per cent enrolled european world history courses resolution board education adopt flag salute claimed educational value seems concerned promotion national unity see justification considered later opinion information educational aspect called attention except olander children knowledge flag salute journal educational research sets forth study ability large representative number children remember state meaning flag salute recited day school conclusion revealed rather pathetic picture attempts teach children words meaning flag salute early christians frequently persecuted refusal participate ceremonies statue emperor symbol imperial authority story william tell sentence shoot apple son head refusal salute bailiff hat ancient one encyclopedia britannica quakers william penn included suffered punishment rather uncover heads deference civil authority braithwaite beginnings quakerism fox quakers courageous example use rendered distinguish government words nation intended distinguish open old bitter controversies political history justice must accepted descriptive present order rather ideal might seem overstatement cushman constitutional law american political science review observes eloquence majority extol ceremony flag saluting free expression patriotism turns sour used describe brutal compulsion requires sensitive conscientious child stultify public criticism opinion gobitis case persons share faith witnesses see powell conscience constitution democracy national unity university chicago press wilkinson aspects constitutional guarantees civil liberty fordham law review fennell religious freedom gobitis case retrospect new york university law quarterly review green liberty fourteenth amendment washington university law quarterly international juridical association bulletin michigan law review john law review opinion says flagsalute allowable portion school program invoke conscientious scruples surely debatable us insist though ceremony may required exceptional immunity must given dissidents maintain basis legislative judgment exemption might introduce elements difficulty school discipline might cast doubts minds children weaken effect exercise italics pages page elsewhere question consideration stated constitutional guarantee compel exemption society thinks necessary promotion great common end penalty conduct appears dangerous general good italics page page whether school children like gobitis children must excused conduct required children promotion national cohesion italics page page house joint resolution approved december stat supp prescribes penalties nonconformity provides pledge allegiance flag pledge allegiance flag america republic stands one nation indivisible liberty justice rendered standing right hand heart however civilians always show full respect flag pledge given merely standing attention men removing headdress selective training service act app nation may raise armies compel citizens give military service selective draft law cases arver follows course subject military discipline many duties may claim many freedoms hold inviolable civilian life see jefferson autobiography vol pp