Last month, the Supreme Court's landmark First Amendment decision in West Virginia v. Barnette (1943) turned 80 years old. Remarkable for its enduring relevance as a guarantor of free speech, Barnette is now key to the emerging legal pushback against the excesses of so-called diversity, equity, and inclusion (DEI) programs—as a recent civil rights lawsuit demonstrates.
Barnette involved a constitutional challenge to a West Virginia law mandating daily flag salute and recitation of the pledge of allegiance in public schools. Several students who were Jehovah's Witnesses objected to this requirement, citing their belief that reciting the pledge of allegiance is an act of idolatry.
