"If There Is Any Fixed Star," Jackson on Barnette

On June 14, 1943, the United States Supreme Court issued one of its most powerful decisions on the meaning of the First Amendment. In West Virginia State Board of Education v. Barnette, the Court struck down a state policy requiring schoolchildren to salute the flag and recite the Pledge of Allegiance, ruling that the government cannot compel citizens to declare beliefs against their conscience.

This case is remembered not only for its outcome but also for the eloquent majority opinion written by Justice Robert H. Jackson.

Background

  • In 1942, amid World War II, the West Virginia Board of Education adopted a rule requiring all public-school students to salute the American flag and recite the Pledge.
  • The policy included penalties: refusal could lead to expulsion, and parents could face fines or jail time for truancy.
  • The rule was challenged by members of the Jehovah’s Witnesses, whose faith prohibited them from saluting symbols or pledging allegiance to earthly authorities.
  • Just three years earlier, in Minersville School District v. Gobitis (1940), the Court had upheld a similar requirement. But by 1943, with wartime pressures mounting, the Justices reconsidered.

The Supreme Court’s Decision

In a 6–3 ruling, the Court sided with the Barnette family and struck down West Virginia’s policy as unconstitutional.

Writing for the majority, Justice Robert H. Jackson declared that the First Amendment protects freedom of thought and belief against government compulsion.

Historical Legacy

West Virginia v. Barnette continues to shape debates about:

  • Students’ rights in schools.
  • Compelled speech in areas like political pledges, licensing, or corporate expression.
  • The balance between patriotism and individual liberty.

Significance of the Case

  • Religious Freedom: Affirmed the right of individuals to follow their conscience in matters of faith and belief.
  • Freedom of Expression: Established the principle that the government cannot compel speech, not just restrict it.
  • Reversal of Gobitis: Showed the Court’s willingness to correct itself in order to better uphold constitutional rights.
  • Jackson’s Legacy: The opinion is celebrated as one of Justice Jackson’s finest contributions to American constitutional law and a cornerstone of free speech jurisprudence.

“If there is any fixed star in our constitutional constellation, it is that no official, high or petty, can prescribe what shall be orthodox in politics, nationalism, religion, or other matters of opinion, or force citizens to confess by word or act their faith therein.”

- Robert H. Jackson, WestVirginia v. Barnette (1943)

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