Every day in public schools across the country, students stand, place their hands over their hearts and recite the Pledge of Allegiance.
But many students might not know that it is possible to opt out of saying the pledge.
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Here’s everything you need to know about the Pledge of Allegiance in schools, including requirements by state, examples throughout history, and much more.
Do public school students have to stand for the Pledge of Allegiance?
No. Public school students can opt out of saying the pledge (in some states, only with permission from a parent). The First Amendment protects the right not to stand for the Pledge of Allegiance.
However, private school students can be required to stand for the pledge as private schools are not bound by the First Amendment.
Why don’t public school students have to stand for the pledge?
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The First Amendment protects freedom of speech. Free speech means that the government cannot punish people for what they say. It also means that the government cannot punish people for choosing not to speak or force them to speak.
Freedom of speech has limits, but there are strict guidelines in place that make it difficult for the government to impose them. It is especially hard for the government to regulate speech about political views – like saying the pledge.
Similarly, saying the pledge could violate some students’ religious beliefs. For example, students who do not believe in God may decline to say “under God.”
RELATED: The complete guide to free speech in schools
Can students still get in trouble for not saying the pledge?
Students who opt out of the pledge may not disrupt the pledge as others say it. Public school students may be punished if they disrupt school or interfere with others’ rights. Talking, making noises, engaging in distracting behavior or just generally being rude and offensive while others are saying the pledge could be punished.
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Most states – 46 out of 50 – do have some requirement that the pledge be recited in schools. These requirements usually state that schools must set aside a time during which students will be led in the pledge, or else schools may be penalized.
In 34 states, there are stated exemptions or requirements that schools remind students that they cannot be forced to say the pledge.
In four states – Florida, Pennsylvania, Texas and Utah – permission from a parent or guardian is required to opt out of saying the pledge. However, in March 2022, a Texas student who refused to write the pledge as part of a classroom assignment won a $90,000 lawsuit against a teacher.
In eight states – California, Delaware, Georgia, Illinois, Kansas, Massachusetts, Nevada and New Mexico – classroom pledge requirements do not explain how students can opt out. Students in those states could challenge the requirement on First Amendment grounds, if required to say the pledge in violation of their beliefs.
Four states – Arizona, Hawaii, Vermont and Wyoming – do not currently require schools to set aside time for saying the pledge.
Source: https://t-tees.com
Category: WHICH
