West virginia board of education

Date: 1942

Region: North America

Subject: Mandatory Flag Salute

Medium: Public School

Artist: students and teachers

Confronting Bodies: West Virginia Board of Education

Dates of Action: 1942

Location: West Virginia, United States

Description of Artwork: Mandatory Flag Salute

The Incident: The West Virginia School board made the flag salute mandatory during school. Failure to do so would be punished by expulsion.

Results of Incident: The court found in a six to three decision that a mandatory flag salute was unconstitutional, as a force of symbolic speech is a force of ideas and opinions. This ruling is important, as it overturned the decision in Minversville School District vs. Gobitis.

Source: http://www.oyez.org/cases/1940-1949/1942/1942_591