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OBLIVION 9: conglomerating teen angst through corporate buyouts a media mergers since 1995...
Pledge allegiance... or else
F E A T U R E
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by Ben Livingston || It happens over and over and over again. A student abstains from saying the Pledge of Allegiance and they're reprimanded. Over and over and over again, schools reverse their decisions after hearing from the American Civil Liberties Union or after being taken to court.

The Supreme Court weighed in on the matter nearly 60 years ago, in West Virginia State Board of Education v. Barnette (1943). In that case, the Court ruled that students could not be required to recite the Pledge of Allegiance. "Words uttered under coercion are proof of loyalty to nothing but self-interest," the Court wrote.

"Neither our domestic tranquillity in peace nor our martial effort in war depend on compelling little children to participate in a ceremony which ends in nothing for them but a fear of spiritual condemnation. If, as we think, their fears are groundless, time and reason are the proper antidotes for their errors. The ceremonial, when enforced against conscientious objectors, more likely to defeat than to serve its high purpose, is a handy implement for disguised religious persecution. As such, it is inconsistent with our Constitution's plan and purpose."

Previously, in Minersville School District v. Gobitis (1940), the Court ruled that Lillian and William Gobitis, aged twelve and ten, could not be expelled for not reciting the pledge because their religious beliefs forbid them from pledging allegiance to anything but God.

The Barnette case went further than the Gobitis case. It didn't rule specifically on religious exemption. The Court ruled that abstaining from the pledge constituted an act of dissent infringing on the rights of no other individual, and as such, was exactly the sort of speech -- or lack thereof -- protected by the First Amendment. "We think the action of the local authorities in compelling the flag salute and pledge transcends constitutional limitations on their power and invades the sphere of intellect and spirit which it is the purpose of the First Amendment to our Constitution to reserve from all official control."

An unknown number of students are reprimanded every year for not saying the Pledge of Allegiance. They may receive detention, be sent to the principal's office, be suspended, or face other such punishment.

The American Civil Liberties Union knows the issue all to well. It seems that within the first week of every new school year, they're taking on yet another Pledge of Allegiance case. In Washington State, the first case of the year came in Elma, where a sophomore refused to stand for the pledge during an assembly and was subsequently suspended. He was told by his principal that not only did abstaining disrupt the educational process, but that the Supreme Court had ruled all public school students must stand during such a flag exercise.

Sorry! Wrong answer.

The good news is that students who contest their punishments almost always win. In this particular case, the ACLU of Washington contacted the school and gave them the details on the real Supreme Court rulings. The student was allowed back in school the next morning and the suspension was removed from his record.

So remember, you do not have to pledge your allegiance to the flag. You do not have to stand up while others are pledging their allegiance to the flag. If you want to stand or recite the pledge, that too is your right. If others attempt to force you to recite the pledge, stand your ground and attack them with Barnette and Gobitis.

The Gobitis case can be found at http://laws.findlaw.com/us/310/586.html and is case number 310 U.S. 586. The Barnette case can be found at http://laws.findlaw.com/US/319/624.html and is case number 319 U.S. 624.

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