Forcing students to recite the pledge won't ensure patriotism
By Charles Haynes
Senior scholar, First Amendment Center
01.28.01
The age-old fight over how best to inspire patriotism in students has been reignited in Virginia this week by the introduction of a bill requiring the daily recitation of the Pledge of Allegiance in public schools.
Should this bill become law, all students in the state will be required to salute the flag each morning. Anyone who disrupts the pledge will face suspension.
The law does allow students who object on religious grounds to be excused from saying the pledge, but only if they bring a note from a religious leader explaining the objection.
As presently written, this bill is probably unconstitutional. That's because the Supreme Court ruled in West Virginia State Board of Education v. Barnette (1943) that compelling students to recite the pledge violates both the freedom of speech and freedom of religious exercise guaranteed by the First Amendment.
The court reasoned that requiring students to salute the symbol of freedom in violation of their conscience makes a mockery of the flag and the fundamental principles of liberty "for which it stands."
After all, the pledge culminates with the promise of "liberty and justice for all." Surely this liberty includes the freedom not to recite the pledge on grounds of conscience.
As the court put it: "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."
Thus, to pass constitutional muster, the Virginia bill must allow for a broader "opt out" from the pledge. And no note from clergy or anyone else should be required.
It's unlikely that proponents of this bill are upset by the small number of students who have conscientious objections to the pledge.
No doubt they are angered and frustrated by kids who ignore the pledge for no apparent reason. Well aware that they can't be "required" to say the pledge, some students will slump in their chairs or otherwise show disrespect during its recitation by their peers.
But railing at students for lack of respect or coercing them to be "patriots" will only make matters worse.
Even if the Constitution allowed it, no amount of legislation could inspire true patriotism. Love of country isn't born of rote recitations or ceremonies, but springs from a sense of pride and admiration for the institutions and values of our democracy.
That doesn't mean we should abandon the Pledge of Allegiance. Civic rituals remind us of what it means to be an American; they can and should be part of educating for citizenship in public schools.
But two conditions should govern the saying of the pledge in school:
First, schools must ensure that participation is voluntary by allowing students to opt out. Yes, require them to articulate their reasons. And yes, require them to be respectful during the recitation of the pledge. But don't violate the spirit of our Constitution by forcing students to mindlessly repeat the words.
Second, schools must do a much better job of teaching the history and meaning of the principles symbolized by the flag before asking students to salute it. Saying a bunch of words without understanding their significance is a waste of time — and even counter-productive.
Once students appreciate exactly what they are "saluting" when they salute the flag, the vast majority will say the words with pride and respect. Moreover, they will understand why some of their classmates may choose to remain silent.
As they consider the final wording for a law requiring the pledge, Virginia lawmakers would do well to re-read Jefferson's bill for religious freedom, passed by their legislative predecessors more than 200 years ago. It begins with the words: "Whereas Almighty God hath created the mind free …"
If we hope to sustain the American experiment, then allegiance to our flag must come from free minds and willing hearts.
Your questions and comments are welcome. Write to:
Charles Haynes
The Freedom Forum First Amendment Center
1101 Wilson Blvd.
Arlington, VA 22209
E-mail: chaynes@freedomforum.org