“If there is any fixed star in our constitutional constellation, it is that no official, high or petty, can prescribe what shall be orthodox in politics, nationalism, religion, or other matters of opinion or force citizens to confess by word or act their faith therein."[West Virginia State Board of Education v. Barnette, 319 U.S. 624 (1943)]”
In this quote from the Supreme Court case West Virginia State Board of Education v. Barnette, Justice Robert H. Jackson emphasizes the fundamental principle of individual freedom of belief and expression. He asserts that no government authority, regardless of its rank or position, has the right to dictate what citizens should believe or profess. This underscores the importance of protecting individual liberties and preventing state interference in matters of personal conviction. Justice Jackson's words serve as a powerful reminder of the enduring value of constitutional protection against coercion and totalitarianism.
In the case of West Virginia State Board of Education v. Barnette, the Supreme Court affirmed the principle that government officials cannot dictate or enforce a specific set of beliefs or opinions on its citizens. This landmark ruling underscores the importance of protecting individual liberties and freedom of expression in a democratic society. Today, the concept of upholding freedom of conscience remains as relevant as ever in navigating the complexities of a diverse and pluralistic modern world.
In the landmark case of West Virginia State Board of Education v. Barnette in 1943, Justice Robert H. Jackson emphasized the importance of individual freedom and the protection of citizens from being coerced into expressing beliefs against their will. This quote serves as a reminder of the fundamental right to hold personal beliefs without fear of punishment or censorship.
The quote from West Virginia State Board of Education v. Barnette stresses the importance of individual freedom in matters of opinion and belief. Reflect on the following questions: - How does the concept of individual freedom in matters of opinion impact our society today? - In what ways do you see this idea being upheld or challenged in current political and social discourse? - What role do you believe our legal system should play in protecting individuals' rights to their own beliefs and opinions?
“Struggles to coerce uniformity of sentiment in support of some end thought essential to their time and country have been waged by many good as well as by evil men. Nationalism is a relatively recent phenomenon but at other times and places the ends have been racial or territorial security, support of a dynasty or regime, and particular plans for saving souls. As first and moderate methods to attain unity have failed, those bent on its accomplishment must resort to an ever-increasing severity. . . . Those who begin coercive elimination of dissent soon find themselves exterminating dissenters. Compulsory unification of opinion achieves only the unanimity of the graveyard.It seems trite but necessary to say that the First Amendment to our Constitution was designed to avoid these ends by avoiding these beginnings. There is no mysticism in the American concept of the State or of the nature or origin of its authority. We set up government by consent of the governed, and the Bill of Rights denies those in power any legal opportunity to coerce that consent. Authority here is to be controlled by public opinion, not public opinion by authority.If there is any fixed star in our constitutional constellation, it is that no official, high or petty, can prescribe what shall be orthodox in politics, nationalism, religion, or other matters of opinion or force citizens to confess by word or act their faith therein.”
“It is not the function of our Government to keep the citizen from falling into error; it is the function of the citizen to keep the Government from falling into error.”
“The very purpose of a Bill of Rights was to withdraw certain subjects from the vicissitudes of political controversy to place them beyond the reach of majorities and officials and to establish them as legal principles to be applied by the courts. One s right to life liberty and property to free speech a free press freedom of worship and assembly and other fundamental rights may not be submitted to vote they depend on the outcome of no elections.”
“Of course, the idea that a state, any more than a corporation, commits crimes, is a fiction. Crimes always are committed only by persons. While it is quite proper to employ the fiction of responsibility of a state or corporation for the purpose of imposing a collective liability, it is quite intolerable to let such a legalism become the basis of personal immunity.”
“Now, if any fundamental assumption underlies our system, it is that guilt is personal and not inheritable.”
“Civil government cannot let any group ride roughshod over others simply because their consciences tell them to do so.”