The Volokh Conspiracy
Mostly law professors | Sometimes contrarian | Often libertarian | Always independent
"No Official, High or Petty, Can Prescribe What Shall Be Orthodox"
"in politics, nationalism, religion, or other matters of opinion."
From Justice Jackson's majority opinion in the case striking down mandatory flag salutes and pledges of allegiance, West Va. Bd of Ed. v. Barnette (1943), decided 77 years ago today:
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.
Thanks to Prof. Glenn Reynolds (InstaPundit) for the reminder that today is the anniversary.
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