West Virginia Board of Education v. Barnette
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refusing to participate does not create any "clear or present danger."
West Virginia Board of Education v. Barnette
the Bill of Right's guards an individual's right to free speech, as well as, their right to not be compelled to say or do something that is not on their mind.
West Virginia Board of Education v. Barnette
a flag salute is not a legal duty of the public.
West Virginia Board of Education v. Barnette
in Minersville School District v. Gobitis, the court found that the state can impose discipline on students for refusing to participate in a flag salute.
West Virginia Board of Education v. Barnette
this case reexamines the ruling in Gobitis, by reviewing whether authority can be imposed on people when the matter collides with another person's opinion and beliefs.
West Virginia Board of Education v. Barnette
national unity should not be forced on the public through the use of the Constitution.
West Virginia Board of Education v. Barnette
the First Amendment of the Constitution was designed to avoid the ability of the government to compel people against their will and their beliefs.
West Virginia Board of Education v. Barnette
authority is controlled by public opinion.
West Virginia Board of Education v. Barnette
free public education is politically neutral.
West Virginia Board of Education v. Barnette
the Fourteenth Amendment protects citizens against the states and the institutions within it; including the Board of Education.
West Virginia Board of Education v. Barnette
free speech can only be infringed upon when there is "clear and present danger" evident.
West Virginia Board of Education v. Barnette
flag salutes are a form of symbolism.
West Virginia Board of Education v. Barnette
not all forms of symbolism can be agreed upon from person to person.
West Virginia Board of Education v. Barnette
freedom to be socially and intellectually diverse is a right granted to the people within the Constitution.
West Virginia Board of Education v. Barnette
patriotism flourishes because of a persons right to choose how and when they wish to participate.