This section contains the nature of the case and procedural background.

The Board ordered that all pupils and teachers were to salute the Flag and recite the Pledge of allegiance. Failure to conform is dealt with by expulsion and parents or guardians are liable to prosecution, subject to fine not exceeding $50 and Jail term not exceeding thirty days. Barnette (Ps) brought suit to restrain enforcement of these laws and regulations against Jehovah's Witnesses. The Witnesses are an unincorporated body teaching that the obligation imposed by law of God is superior to that of laws enacted by temporal government. Their religious beliefs include a literal version of Exodus, Chapter 20, verses 4 and 5, which says: Thou shalt not make unto thee any graven image or any likeness of anything that is in heaven above, or that is in the earth beneath, or that is in the water under the earth; thou shalt not bow down thyself to them nor serve them. They consider that the flag is an 'image' within this command. For this reason, they refuse to salute it. The court restrained enforcement. D appealed.

The legal issues presented in this case will be displayed here.

The court's holding and decision will be displayed here.

Legal analysis from Dean's Law Dictionary will be displayed here.