Compelled Pledge Laws

In 1943, the U.S. Supreme Court clarified in its landmark West Virginia State Board of Education v. Barnette decision that students could not be compelled by public schools to participate in the Pledge of Allegiance. As Justice Jackson famously said, “If there is any fixed star in our constitutional constellation, it is that no official, high or petty, can prescribe what shall be orthodox in politics, nationalism, religion, or other matters of opinion or force citizens to confess by word or act their faith therein.”

Of course this didn’t stop states from attempting to do just that: coerce students into pledging allegiance. This map identifies states that have a law mandating that the Pledge of Allegiance be recited in public schools classrooms with either no opt-out possible for students or an opt-out that requires parental permission.

While some states allow students to opt out of the pledge with parental consent, such exemptions are insufficient because students have the constitutional right to freedom of speech and freedom of religion. Accordingly, if states are going to have laws that require students to pledge allegiance, they should recognize the ability of students, not parents, to exercise their right to remain silent.