The Pledge Scenario

EDL 276: Application of School Law Mandates and Policies

Elizabeth Kesterson

Situation:

One tradition in your new building is that the Pledge of Allegiance is recited by a student council

member over the PA system every Monday morning. As a new building principal you soon hear

from students that Mr. Shaw refuses to acknowledge the pledge at all and begins teaching

despite the announcement each Monday morning. You recall one time in which Mr. Shaw

mentioned in a teacher meeting to his colleagues that he was atheist. One Monday morning

you happen to stop in Mr. Shaw’s room to talk with a student who was in his first period English

class. He indeed is teaching while the pledge is in mid slogan.

Discussion Prompts:

1. Can schools make reciting the Pledge of Allegiance a legal requirement for staff and

students?

2. What prior cases could you use to support why or why not reciting the Pledge of Allegiance

should or shouldn't be allowed?

3. Is the Pledge of Allegiance inherently religious or how is it defined by the courts?

4. How would you respond to Mr. Shaw if you were the new principal?

The expectation is to make an original post addressing some of the discussion prompts

followed by at least one other post that supports, questions or extends someone else's post.
Response:

1. Can schools make reciting the Pledge of Allegiance a legal requirement for staff and

students?

Schools may recite the Pledge of Allegiance on a daily basis, but may not require staff and

students to participate. It must be voluntary participation. (Teachers should not be teaching

during the Pledge, not allowing students to participate if they would like to).

2. What prior cases could you use to support why or why not reciting the Pledge of Allegiance

should or shouldn't be allowed?

This decision was made and is supported by the case West Virginia State Board of Education v.

Barnette (1943). Our course text also addresses the criteria similar to the Lemon Test used in

this situation:

Does the pledge have a secular purpose?

Does it advance or inhibit religion?
Does it create excessive entanglement?
3. Is the Pledge of Allegiance inherently religious or how is it defined by the courts?

The Pledge of Allegiance is determined to be a patriotic exercise, not a religious testimonial.

“One nation under God” and “In God We Trust” have been identified as national slogans, not the

government’s endorsement of religion.

4. How would you respond to Mr. Shaw if you were the new principal?

From personal experience, I know that not all educators know the laws about the Pledge of

Allegiance in the public school setting. At the next staff meeting - or even in an email, I would be

sure that all teachers know the Pledge will be recited in morning announcements for students

and staff to voluntarily participate in. If teachers or students do not want to participate, they

can do another “morning work” activity quietly. I would be sure to emphasize that all students

and staff have the right to participate in the Pledge of Allegiance, so the expectation is set that

there should be nothing else required of students during that time. If the problem continues

throughout the following week with Mr. Shaw, I will personally address it with him as I would
now have observed it, reminded the entire staff, and continued to observe him not follow

expectations.