In 1954, Congress amended Title 36 of the United States Code by adding “under God” to the Pledge of Allegiance. California Education Code section 52720 requires appropriate patriotic exercises to be practiced in every public elementary school every day. Elk Grove Unified School District’s policy required the recitation of the Pledge of Allegiance every day pursuant to section 52720 of the California Education Code. Michael A. Newdow’s daughter attended a public school in the Elk Grove Unified School District in California. Each day, teachers at the school led the students in a voluntary recitation of the Pledge of Allegiance, which included the words “under God.” Newdow, being an atheist and divorced with “shared physical custody” of his daughter, challenged the constitutionality of Elk Grove Unified School District’s requirement that teachers lead their classes in reciting the Pledge of Allegiance. Newdow filed suit in federal district court in California claiming that Elk Grove’s recitation of the Pledge of Allegiance violated the 1st Amendment Establishment Clause to the Constitution due to the words “under God” being included and thus, his daughter was being subjected to religious indoctrination. The district court dismissed Newdow’s claim on the ground that he lacked legal standing because he was divorced from Sandra Banning, the mother of his daughter, and that he did not have legal custody of his daughter. The Court of Appeals for the Ninth Circuit reversed the lower court’s ruling, deciding that Newdow did have holding as a parent to sue and that the school district’s policy violated the establishment clause. The school district appealed the decision to the Supreme Court, which granted review.…
In 1814 Francis Scott wrote the poem that is recognized as our National Anthem. The poem, originally titled “The Defence of Fort McHenry,” was written after the Maryland fort was bombarded by the British during the War of 1812. In 2013-2014 there was an estimated 98,000 public schools in America. Many of these schools start their day with the National Anthem. In the past couple of years there has been controversy with people in the limelight sitting out during the National Anthem. Many people believe that sitting out for the National Anthem is disrespectful to the troops who go to serve in the places that try to take our country down. Other people believe that sitting out for the national is part of our First Amendment right for freedom…
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.…
Barnette asked the federal district to stop enforcement of the requirements of the patriotic exercises. A three-judge panel granted Barnette’s request. Judge John J. Parker stated that the flag-salute requirement was “violative of religious liberty when required of persons holding the religious views of the plaintiffs.” After the board’s decision, no more Jehovah’s Witnesses were expelled from schools for not saluting to the flag. The decision was then appealed to the U.S. Supreme Court and by a 6-3 vote they ruled that it was unconstitutional for public school officials to require students to salute and pledge allegiance to the flag at the risk of expulsion from school on June 14th, 1943. “The Barnette Court couched its decision in language evoking freedom of speech. The choice to salute the flag was speech, the Court said, and the First Amendment protected individuals from compelled speech. It almost did not matter that the Jehovah's Witnesses had religious objections to pledging allegiance to the American flag; neither they, nor anyone, could be forced to verbally espouse beliefs they did not…
As a very high priced and respected legal advisor I would advise Ms. Charmander of her legal rights. I would also advise her of her duties as a teacher. In this scenario Ms. Charmander has an academic freedom to decide what she wants to teach in her classroom. She also feels as if the Pledge of Allegiance is promoting the endorsement of religion. Which is not allowed in a public school setting. Her students also have a 1st amendment right to hear and say the Pledge of Allegiance. The state cannot prevent people from practicing or expressing themselves as long as they are not disruptive. Ms. Charmander also has the responsibility to teach what the school has set in their curriculum. Teachers are generally allowed some of their own freedoms in how they deliver their curriculum. In this case it seems if the school is set on this particular subject. In fact…
Society changes daily, even to a point in which the Constitution’s relevance is currently questioned. Although the Pledge is important to the majority of Americans, it should not be required in consideration of others. The American students who do choose to say the morning pledge should be respected by those who do not. Teachers should enforce no talking or distractions during the Pledge of Allegiance.…
While I agree with you that there are plenty of other issues going on in the world that needs to be addressed; however, I do think that this is one of those issues. I believe that this is a problem because it still stands for a country that no longer represents what those words have to say. Keeping those words in the Pledge of Allegiance only further promotes reasons for people to point out those that are different. I'm not religious at all and I have never been. I was forced as a child to go to church and I was forced to recite the Pledge of Allegiance every day at school. It always made me feel uncomfortable to say under God because I never felt that it represented me and what I thought our country stood for. We can't keep saying…
Some think that it was part of something far and unknown. No, actually it is and forever will be a big part in American history. Trying to remove it now is thoughtless, we shouldn't have to relearn to whole pledge because of some small percentage of who either don't believe in God or don't believe in "forcing" students to say it. Removing the words "under God" from the pledge, is going to hurt our belief in traditions. In the same article it says, " 'Most Americans have recited the pledge hundreds of times and are not inclined to memorize a different pledge', he says. 'Changing it may just feel wrong. Most Americans they believe in God or a higher being and feel comfortable having "under God" in the pledge.' " In other words barley anyone wants to learn a different pledge and the current one makes sense to the majority. Furthermore, our nation was built up on religious principles, shouldn't it stay that way? Why should we change it? Also, in an article called "Trump: 'Under God' in the Pledge of Allegiance Is 'a Great Thing' it says, " 'Because that's what we are and that is what we will always be, and that is what our people want', he said." Trump says that we thought of ourselves as living under God, and we think the same way…
My choice of writing for the Rogerian essay is on the topic of the Pledge of Allegiance in School. “In a decision that stunned the nation, a federal appeals court in June ruled that reciting the Pledge of Allegiance in public schools is unconstitutional because the pledge contains the words "under God" “ (Chmielewski). The banning of the Pledge of Allegiance is a very large controversial topic because one side believes that while the foundation of our country is religion, the other side believes that the reciting of the Pledge of Allegiance is an infringement on our First Amendment right. The Pledge of Allegiance began in 1892. It was a way of showing a sense of celebration for being an American. Since 1892…
What I learn is that it is unconstitutional to stand for the pledge. Therefore, I agree with that statement. One time, in school there was a student who did not wanted to stand for the Pledge of Allegiance. So the teacher forced him to stand. That means it is not mandatory.…
The Pledge of Allegiance to the Flag: "I pledge allegiance to the Flag of the United States of America, and to the Republic for which it stands, one Nation under God, indivisible, with liberty and justice for all.", should be rendered by standing at attention facing the flag with the right hand over the heart. When not in uniform men should remove any non-religious headdress with their right hand and hold it at the left shoulder, the hand being over the heart. Persons in uniform should remain silent, face the flag, and render the military salute."…
This mindset ostracizes those who choose to opt out of saying it. Recently, a Colorado teacher of Angevine Middle School assaulted a student who refused to stand for the Pledge of Allegiance (Wootson). While this is just one instance, many school officials react violently to students who wish to opt out. While some are merely unaware that students have the right to sit out the Pledge, others are aware of the law but make it a point to bully students into participation anyway (Niose). Additionally, when used in an exercise designed to teach patriotism to children, the words “under God” send the message that true patriots believe in God. “While a God-believer can proudly say the Pledge of Allegiance, [a] [nonbeliever] must choose to: 1) absent [themselves] from the practice 2) participate in the exercise that denigrates [their] beliefs, or 3) say a different pledge by omitting ‘under God’ which exposes the student and makes [them] appear unpatriotic” (Miller). No one would seriously contend that the daily recitation of “one nation for atheists” is not discriminatory simply because it is optional, yet “under God” is deemed as…
A captive audience is a group of people being forced to attend. Wisconsin state law says that students have to be in school and the pledge has to be said to be said. This doesn’t mean you are forced to say the pledge, you can opt out if you would like. Humanist Society, a nonprofit religious organization, “The use of the current version of the pledge in public schools violates this Court’s coercion analysis. Reciting ‘under God’ is a religious act. Children, while theoretically having the right to opt out of reciting the Pledge, may not do so because of fear of exposure as outsiders, because they do not have the capacity to do so, or because they wish not to appear unpatriotic to their teachers and classmates. Furthermore, the wish of parents for their children not to recite the Pledge may be ignored, indoctrinating them against the parents’ will,” (10). The Humanist Society believes that you are under some kind of pressure from your peers if you don’t say the pledge. However, they are wrong because people can put up christmas displays in public places. If people can have christmas displays in public areas, then why would it not be ok to keep the words in the pledge. Because some people mistakenly believe the words force religion on a captive audience, they argue the words should be…
Should schools be able to revoke your freedom of speech? No I do not believe so because of many reasons. One, it's against the first amendment in the constitution. Second, the whole point of our founding fathers came over here to America was to have freedom. Third, this is a democracy. So, no school should not be able to take away our freedom of speech…
Although, Many people would choose to disagree, because they believe that everyone must show their utmost respect for our national anthem and our nation. Our anthem is about America’s fight for freedom; not everyone acknowledges this as the most important fact. We live in an age in which our lives are filled with issues and stressful situations; so much that we forget little actions like standing for the anthem. In contrast to popular belief, our anthem is not the most important thing at any point mainly because everyone has their own opinion. Respect is something that is earned, which this nation has earned its respect throughout the years of its existence. In many schools, kids are reprimanded if they do not stand. I have personally seen a schoolmate sent to office for refusing to stand for the pledge and the anthem.…