West Virginia State Board of Education v. Barnette, Dissenting Opinion by Felix Frankfurter
1943 In 1942, the state board of education issued a rule requiring kids to salute the American flag—“in the spirit of Americanism”—and declared that refusal “would be regarded as an Act of insubordination.” Ten-year-old Marie and eight-year-old Gathie Barnett, the children of a pipe fitting helper at a local DuPont factory, refused to salute during a ceremony at Slip Hill Grade School. They were expelled. The Witnesses appealed all the way to the highest court. In his brief to the…