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Pledge of Allegiance

My teacher wants everyone in my class to say the Pledge of Allegiance. I am angry about the war and don’t want to say the pledge, but my teacher says that I have to at least stand up with everyone. Do I really have to do that?

No, you don’t. Part of your First Amendment right to free speech is the right NOT to speak! So schools can’t make you say the Pledge of Allegiance, salute the flag or sing the national anthem, whatever your reasons. They also can’t force you to stand or leave the room while others recite the Pledge. But they can discipline you if you are disruptive while other students are saying the Pledge.

Case Law

Circle School v. Pappert (2004)

The ACLU, private schools and public and private school students challenged a Pennsylvania law that required all public and private schools to lead students in the Pledge of Allegiance or the national anthem at the beginning of each school day. A student could choose not to participate for religious or personal grounds, but the school then had to notify the student’s parents in writing. The U.S. Court of Appeals for the Third Circuit held that the statute was unconstitutional for two reasons. First, the court held that sending notice only to parents of students who did not participate violates the First Amendment because it “discriminates among students based on the viewpoints they express." Second, the court found that the law violated the schools’ right to freedom of association because it "require[d] them to affirm and have their students affirm the Commonwealth's view on patriotism” and limited the schools’ ability to express the values and philosophies that they wished to express.