The Compelled Pledge
A few days after the Ninth Circuit decided its Pledge of Allegiance case, I wrote an essay and included in it some comments about a legal case from thirty years ago, at the height of the Vietnam War, in which a high school teacher was dismissed for refusing to stand and recite the Pledge of Allegiance. One of my comments was that we enjoy the liberty that few nations enjoy, and that no one today would be compelled to recite the Pledge or disciplined for refusing to do so. I spoke too soon.
In the last few days, I have come across a few items which demonstrate that this issue is still alive. Many of these items predate the Ninth Circuit's decision.
- The Connecticut legislature is arguing a bill to require the recitation of the Pledge by all public school children. (CNN, March 2002) The article mentions that it is required in half a dozen states.
- In Alabama, a high school senior was disciplined for remaining silent and raising a clenched fist during the recitation of the Pledge. This action is now the subject of a Federal civil rights case.
- In a June 28, 2002 Washington Post piece, E. J. Dionne recounts a call he received in 1988 from Newt Gingrich, who was ecstatic that then-candidate Michael Dukakis had just vetoed a bill passed by the Massachusetts legislature making the Pledge mandatory. Gingrich considered that this opened a wide vulnerability for Dukakis.
- In May 2002, Gov. Ventura of Minnesota vetoed a bill that would require each student to recite the Pledge at least once a week. He was quoted as saying:
"I am vetoing this bill because I believe patriotism comes from the heart. Patriotism is voluntary. It is a feeling of loyalty and allegiance that is the result of knowledge and belief. A patriot shows their patriotism through their actions, by their choice."
And of course there is a decision of the U. S. Supreme Court in West Virginia State Board of Education v. Barnette, 319 U.S. 624 (1943), holding that students cannot be forced to recite the Pledge.
Other items of interest in this vein:
States Weigh Bills to Stoke Students' Patriotism - article by John Gehring, Education Week
The American Center for Law and Justice has issued a memorandum to school systems addressing the legal issues that arise in connection with the use of patriotic displays and recitations, including those making reference to God, including the Pledge, the singing of "God Bless America", and the phrase "In God We Trust". The ACLJ supports policies which encourage the voluntary recitation of the Pledge and other overt acts of God-minded patriotism.
7:26:47 PM 
|
|
