Does a school violates the student's first amendments right, freedom of religion by not plege flag of alligenc

Question

the title is Minersville School District v. Gobitis

Answer 1

I'm not sure what your question is. However, if students are forced to repeat the pledge of allegiance and have no option about it, then that violates his first amendment rights. The Supreme Court has even ruled as such.

Here in Texas, many school districts require students to cite the Pledge of Allegiance, even though it is technically unconstitutional to do so. They get around this with a little technicality: students who do not wish to cite the Pledge of Allegiance may have their parents complete a permission slip to be allowed to sit quietly during the Pledge rather than participate in it. This is not widely advertised, however, so you have to research it yourself if you really want to refrain from citing the Pledge. You can't just say you don't want to cite it; it has to be officially requested by your parents.

Edit (in response to the above comments): While it is true that students do not have all the same constitutional rights that adults do (due process, for example), the Supreme Court has clearly ruled against requiring students to cite the Pledge of Allegiance because it is a violation of freedom of speech and religion. (See West Virginia State Board of Education v. Barnette link below.) Not only does it violate the rights of those who do not believe in God or who believe in several Gods or a non-Judeo-Christian God such as Allah, it is also considered a sin of idolatry by some Christians (Jehovah's Witnesses, for example) to pledge allegiance to a material object (the flag). Therefore, it is not only Muslims, Hindus, and Atheists who might wish to refrain from citing the pledge, but some Christians as well.

In fact, it was a group of Christians (Jehovah's Witnesses), not Atheists or Muslims, who petitioned for the reversal of the decision made in Minersville School District v. Gobitis, in which it had been ruled that students could be forced to recite the Pledge.

As far as whether it is a violation of first amendment freedom of religion rights not to allow students to recite the pledge (if that indeed takes place anywhere in the U.S.; it's quite the reverse here in Texas), the answer is no. The pledge of allegiance is not part of any established religion, and therefore it can't be considered a violation of freedom of religion to deny students the right to recite it.

Second Edit: Incidentally, the Pledge of Allegiance is not in the U.S. Constitution, nor was it used by our founding fathers. It was originally written in 1892 for a private children's magazine as part of an advertising campaign that celebrated the 400-year anniversary of Columbus' arrival in the New World. It was adopted later by Congress.

The words "Under God" were not included in the original Pledge of Allegiance. They were added by Congress in 1953. So the Pledge is not a long-lived American tradition as some people (including marion h, below) might claim.

Answer 2

Um, sorry but your question is totally irrelevant. Amendment 1 answers your question. It doesn't say anything about monotheism, does it? Read it again: Amendment I Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances Where does it say ANYTHING about it being monotheism?

Answer 3

Freedom of religion also means freedom FROM religion. Since not 100 per cent of that public school is christian, or has a belief in God, then not 100 per cent of the population of that school should have to recite words that don't apply to them.

For those religious students, there is nothing saying they can't recite a nice little prayer in their heads if they should so choose.

There are catholic schools expressly FOR this purpose by the way. If you want your children to pray in school, send them to a school that supports it .. not a public school.

For the record ... the line 'one nation under god' was NOT in the original pledge of allegiance, it's a modified version. Go back to the original version and you'll find less opposition to it being recited in public schools.

Answer 4

You know what i am sick of this stuff. You are in America so respect it. It is just like if anyone went to another country they would be expected to do the same. You would take part of there traditions and respect there culture. What because you are in America, Canada etc. you think you cant be any different. You don't want to stand up for the country that you live in then leave it, don't just stand there and disrespect it. You should be so lucky to be in such a country where you got so much freedom. In other countries you can't show your face, hell if you get caught shop lifting just even once the will kill you or cut your had of. Get over it.

Answer 5

not really...if a student wants to the can get up to say the pledge in the morning at their own house if the school doesnt have any flags and if it does then they can say the pledge at their school and as long as they're not saying it while class is going on noone will bother them...my school in the morning they say it and its the oposite you dont have to if you want but yopu need to stay quiet while they are and you cant offend them

Answer 6

Not sure I'm following the question, but from what I understand, students in public schools are not guaranteed Constitutional rights.

Answer 7

The Pledge of Alligence is not related to religion it only has the words "ONe NAtion Under GOd".
It is about AMErica not religion.
SO no it does not violate anyone's rights for not saying it.

Answer 8

yeah i dont believe you have constitutional rights in schools. for example you could not bring a gun in

Answer 9

Jeez. Say the Pledge and hie thee to English class, please!