January 31, 2006
NAZARETH, PA –Nazareth Area High School has ended its unconstitutional policy of requiring students who do not choose to recite the Pledge of Allegiance to obtain written permission from a parent, thanks to the efforts of one student and the American Civil Liberties Union of Pennsylvania.
Sam Smith, a freshman at Nazareth Area High School, does not salute the flag because of his disagreement with U.S. military actions overseas. Sam was summoned to the Vice Principal’s office on Thursday because he had refused to stand for the Pledge of Allegiance in home room that morning. When Sam protested that he had not participated in the pledge since school resumed in the Fall of 2005, he was told by the Vice Principal that his former home room teacher would be disciplined for allowing him to sit during the pledge without parental consent. Sam was given a form permission letter to deliver to his parents that warned that “other students” might single Sam out. The letter repeatedly asked if his parents were “comfortable” with his choice and stated that without parental permission, “all students are minimally expected to stand silently during the pledge.”
Nazareth Area High School’s policy is unconstitutional. The right of public school students to decide for themselves whether to salute the flag was established by the United States Supreme Court in 1943 when that Court held that “the compulsory flag salute and pledge requires affirmation of a belief and an attitude of mind,” and therefore could not be compelled under the First Amendment. Since that time, courts have struck down a requirement that non-participating students stand while others recite the pledge. The courts have also held that schools may not notify parents of a student’s refusal to salute the flag because singling out these parents for notification discriminates among students based on their viewpoint toward the pledge.
“Nazareth’s policy is a clear violation of the First Amendment,” said Mary Catherine Roper, the staff attorney for the ACLU of Pennsylvania who represents Sam. “It is up to each student, not the parents, to decide whether he or she wants to salute the flag. Nazareth used parental permission and a veiled threat of harassment by other students to pressure students to conform to the school’s views. No student should be threatened or pressured into giving up his constitutional rights.”
“To tell me that I had to get permission to stand up for my political views by not standing for the pledge was completely outrageous,” said Sam Smith. Sam and his mother contacted the ACLU, which sent a letter the next day, demanding that the school and school district cease taking any action against students who do not choose to salute the flag, including notifying their parents or requiring parental consent. On Monday, the Principal of Nazareth Area High School confirmed in writing that the school would not require Sam or other students to obtain permission to sit during the pledge and would notify all teachers, in writing, of the students’ right to remain seated.
“Sam and his parents are our heroes,” said Roper. “Who knows how many students have been intimidated by this policy into stifling their views and giving up their rights? People like Sam who stand up for their rights help to preserve liberty for everyone.”
