Flag Salute Cases in School Law
Flag Salute Cases
Is the enforcement of the pledge to the flag unconstitutional? In the case Minersville School District v. Gobitis of 1940, the court upheld a Pennsylvania state law requiring all students to say the pledge to the flag. The case was brought to court because it was common practice to expel students from school that were not complying with the law. The children at the heart of the case were ten and twelve years old, and had been kicked out of school. They were refusing to pledge because it conflicted with their Jehovah’s Witnesses beliefs.
Three years later, the controversy appeared in court again as West Virginia State Board of Education v. Barnette. The case was brought forward on behalf of the Jehovah’s Witnesses. At this point in time, three of the justices that had ruled on the prior case had been replaced. In a 6-3 decision, the court overruled the prior Gobitis resolution and determined that the former resolution violated the students’ freedom of speech and freedom of religion which are guaranteed in the Bill of Rights of the Constitution of the U.S. Although it is up to schools and the government to teach students about patriotism and the importance of our American flag, it is not the role of our public school system to punish students that choose to not participate in the pledge.
I found this interesting because I have two students in my classroom that do not say the pledge. The first boy is Muslim and it is against his religion. I am not sure why the second boy does not say the pledge, but they both stand when the rest of the class says it and they are very respectful.
Is the enforcement of the pledge to the flag unconstitutional? In the case Minersville School District v. Gobitis of 1940, the court upheld a Pennsylvania state law requiring all students to say the pledge to the flag. The case was brought to court because it was common practice to expel students from school that were not complying with the law. The children at the heart of the case were ten and twelve years old, and had been kicked out of school. They were refusing to pledge because it conflicted with their Jehovah’s Witnesses beliefs.
Three years later, the controversy appeared in court again as West Virginia State Board of Education v. Barnette. The case was brought forward on behalf of the Jehovah’s Witnesses. At this point in time, three of the justices that had ruled on the prior case had been replaced. In a 6-3 decision, the court overruled the prior Gobitis resolution and determined that the former resolution violated the students’ freedom of speech and freedom of religion which are guaranteed in the Bill of Rights of the Constitution of the U.S. Although it is up to schools and the government to teach students about patriotism and the importance of our American flag, it is not the role of our public school system to punish students that choose to not participate in the pledge.
I found this interesting because I have two students in my classroom that do not say the pledge. The first boy is Muslim and it is against his religion. I am not sure why the second boy does not say the pledge, but they both stand when the rest of the class says it and they are very respectful.