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West Virginia Board of Education vs. Walter Barnette was a 1943 Supreme Court ruling that said the schools had no right to force students to salute the flag if doing so was against their religion. The case involved students who were Jehovah's Witnesses. It was during World War II, and patriotism was high, so many schools were instituting additional rituals to show love of country. This was a problem for the Jehovah's Witnesses, since they do not believe in saluting the flag-- nor any material item or object, which they believe is idolatry; while Witnesses are good citizens, they do not participate in patriotic rituals because their religion teaches that one should only show honor to God and to Jesus, not to man-made icons.

The West Virginia schools penalized the Jehovah's Witness students, accusing them of "insubordination" for refusing to salute the flag. But in a victory for the Witnesses, the Supreme Court ruled in a 6-3 vote that the First Amendment protected their religious beliefs and thus, they could not be forced to salute; nor could they be punished for not saluting.

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