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This upcoming week, we'll one of the most important cases regarding the free speech rights of minors, particularly those attending public schools. In West Virginia

This upcoming week, we'll one of the most important cases regarding the free speech rights of minors, particularly those attending public schools. InWest Virginia State Board of Education v. Barnette(1943), the Court dealt with the question of compelled speech, specifically the requirement in West Virginia that students salute the flag and recite the Pledge of Allegiance. Here, we have a remarkable case, for the Court had decided a nearly identical case only 3 years earlier. Justice Robert Jackson writes for a 6-3 majority, with Justices Black and Douglas authoring a brief joint concurrence and Justice Murphy authoring a brief solo concurrence while Justice Frankfurter writes a fiery dissent. In this case, while religious belief and exercise (Jehovah's Witnesses refusing to salute the flag) are a key element, it becomes a free speech question.

After you have worked through the opinions/as you proceed through them, your task is to represent the core ideas of the majority and briefly sketch a few points of the Black/Douglas concurrence. Do so by summarizing the reading in the following format:

  • Your summary should be approximately one page,single spaced, 1-inch margins, 12 point TNR font.
  • Of the summary,no more than 5% of it can be your words. The rest must be direct quotes.
  • You don't have to cite all the quotes/provide page numbers, but do use quotation marks to differentiate where you're speaking vs. when you're quoting. Don't worry about in-text citing page numbers.
  • Copying and pasting over from the opinion/reading is just fine, but do try to trim the internal citations and long legal citations where necessary.
  • Your summary should cover just the assigned part of the reading. For example, if you were just asssigned to read the Majority opinion, that should be all you cover. If you were assigned to read the majority and the dissent, the summary should cover both of those. In this case, I'm asking you to read tthe majority and a concurrence, so those should both be represented here, although the majority should be the major focus--make sure to at least dedicate a few lines to the Black/Douglas concurrence.
  • Quotes from the reading must be in chronological order or the microsummary grade will suffer significantly. If there's a compelling reason (of clarity or concision) you want to present quotes out of order, indicate that by putting asterixes at the start and end of any out of order quotes.

Only use page 624-644 for this task.

West Virginia State Board of Education v. Barnette(1943) Case found here:

https://tile.loc.gov/storage-services/service/ll/usrep/usrep319/usrep319624/usrep319624.pdf

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