Pennsylvania: Pledge Requirement Struck Down

It's already a settled matter of law that students cannot be forced to recite the Pledge of Allegiance, but what if they are required to do so unless they have parental permission to remain silent? Many states have tried to do just that, but the 3rd Circuit Court of Appeals has struck down Pennsylvania's attempt to enforce patriotism.

Newsday explains:

A three-judge panel of the 3rd U.S. Circuit Court of Appeals ruled unanimously that the law violates the free-speech rights of students and the right of private schools to "free expressive association." The law allowed schools to opt out of the pledge requirement for religious reasons, but not for secular reasons. Students could decline on the basis of religious conviction or personal belief, but if they did so, the law required parental notification. The appeals court agreed with a judge's ruling in 2003 that the threat of parental notification was coercive, thus violating students' rights to free speech.

This is a good decision on a number of levels. Enforced patriotism is false patriotism, so it didn’t even serve its ostensible goals. Requiring religious but not secular reasons violated the separation of church and state. Requiring parents to agree with a student’s desire to remain silent was coercive — students should be trusted enough to make their own decisions about whether they will recite a daily loyalty oath.

Read More:

• News on Free Speech and Civil Liberties
• Recent Books on Free Speech
• Court Decisions on Free Speech and Censorship
• Pledge of Allegiance