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…
The inauguration of John Adams as the second President of the United States was held on Saturday, March 4, 1797, in the House of Representatives Chamber of Congress Hall in Philadelphia, Pennsylvania. The inauguration marked the commencement of the only four-year term of John Adams as President and of Thomas Jefferson as Vice President. The presidential oath of office was administered to John Adams by Chief Justice Oliver Ellsworth. Adams was the first president to receive the oath of office from a Chief Justice of the Supreme…
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…
"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." The Pledge of Allegiance, written in 1892 by Francis Bellamy has undergone quite an evolution. It was made mandatory in schools by the US Supreme Court in 1940 but was withdrawn three years later, was congressionally recognized as national pledge in 1942 and was further augmented with words “under god” in 1954. Originally meant to be a promise or oath of loyalty to the Republic of United States of America and an expression of patriotism, it has become a lightning rod of controversy, heated passions and lawsuits. The question is whether the Pledge of Allegiance with the words “under god” violates the protections of religious freedoms enshrined in the Establishment Clause of the First Amendment? The phrase “under god” does not violate the freedom of religion found in the first amendment. This Clause dictates, “Congress shall make no law respecting an establishment of religion or prohibiting the free exercise…
Most of the African American culture consists of descendants of African slaves who survived that were held in the United States from 1619 to 1865. African American culture includes immigrants from African, South American, and the Caribbean. During the period between the 1600s and the early 1800s, art consisted of drums, quilts, wrought-iron figures and vessels in the southern United States. There were slaves arriving from Africa as skilled craftsman, with the experience of working in similar media in Africa. There were a few known early portrait artist, from the period of 1773-1887. There were no schools for an African American artist to learn to paint, although in special cases, some white families would allow for provide tutoring.…
Now when I say the pledge I know that I am saying it for the men who created our constitution after months of compromise. I say the pledge for the men who died in the…
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…
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.…
I would like everybody to stop and think why after all these years, we have to stop or give someone the right not to say the Pledge of Allegiance in school. The flag to me represents everything we have fought for as a nation. The flag is the American spirit which has given us our freedom and also the right to freedom of speech, the first amendment.…
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…
The giving pledge is a growing trend among rich families and individuals in America. It includes that the rich people, who want to join the trend have to donate at least half of their wealth to charity. The people who make the pledge, have all that in common, that even though they give away half of their fortune, they still have more money than they can spend in a lifetime.…
I’m 21 year old. I’m proud of my Country and proud of our Constitution. I don’t need the Supreme Court to tell me to stand for National Anthem. I don’t need the Supreme Court to mandate that where the National Anthem should be played, where it should be sung, how it should be sung. You can’t force people to be patriotic; you can’t force people to respect Flag. Respect is earned it’s never mandated. It is from within and need not be dictated.…