The Waukee School Board on Monday, February 22, discussed all students in the district reciting the Pledge of Allegiance. It is as yet unclear what the schools will implement, and whether students will simply be invited to recite the pledge, with no penalties for those students who decline, or if they will be required to do so.
The First Amendment protects public school students, including those in Waukee, from being required to recite the pledge of allegiance.
The Waukee School Board on Monday, February 22, discussed all students in the district reciting the Pledge of Allegiance. It is as yet unclear what the schools will implement, and whether students will simply be invited to recite the pledge, with no penalties for those students who decline, or if they will be required to do so.
It's an important distinction. If the district were to require students to recite the pledge, it would be a clear violation of the First Amendment, said ACLU of Iowa Executive Director, Jeremy Rosen.
“It has long been established that students cannot be required to participate in the Pledge of Allegiance. Almost 60 years ago, the U.S. Supreme Court ruled that just as the First Amendment protects a student’s right to say what he or she wants, it also protects his or her right not to say something. So, students in public schools may refuse to participate in the Pledge of Allegiance and choose to remain quietly seated instead.”
While Waukee's current policy on the Pledge of Allegiance makes a distinction between older students and younger students, laws that protect student free speech and expression extend to all public school grade levels.
In 1943, the U.S. Supreme Court held that schools cannot compel students to salute the flag. In West Virginia State Board of Education v. Barnette, the Court ruled that local authorities overstepped their constitutional authority by requiring all students to salute the flag and recite the Pledge of Allegiance.
Additionally, in the Tinker v. Des Moines "Black Arm Band" case, the Court ruled that students have important free speech protections even while in a school and classroom setting.
Read the Des Moines Register's coverage of the Waukee School Board policy.
Learn more about student's rights during the Pledge of Allegiance.
