WEST VIRGINIA STATE BOARD OF EDUCATION V
BARNETTE 319 U.S. 624 (1943)
Argued: March 11, 1943 / Decided: June 14,
1943
Mr. Justice Jackson delivered the opinion
of the Court
“But freedom to differ is not limited to
things that do not matter much. That would be a mere shadow of freedom. The
test of its substance is the right to differ as to things that touch the heart
of the existing order.”
“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. If there are any circumstances which permit an exception, they do not
now occur to us.”
“We think the action of the local
authorities in compelling the flag salute and pledge transcends constitutional
limitations on their power, and invades the sphere of intellect and spirit
which it is the purpose of the First Amendment to our Constitution to reserve
from all official control.”
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