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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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