Transcript LAW_130-134

Patriotic
Exercises
Page 130-134
What’s in Question?
Freedom of Speech
“Under God”
Extent of Participation
2
Secular v. Sectarian
Secular - not religious; not
bound by vows
Sectarian – relating to the
church; under vows of a parish
3
Challenge
State and local policies
• Participation in patriotic exercises
Pledge of Allegiance
4
West Virginia State Board of
Education v. Barnette
319 U.S. 624 (1943)
The Supreme court held that the
Free Speech Clause of the First
Amendment to the United States
Constitution protected students
from being forced to salute the
American Flag and be required to
say the Pledge of Allegiance in
school.
5
Significance
• Step forward for the Jehovah’s Witness, whose
religion forbade them from saluting or pledging
to symbols, including symbols of political
institutions. However, the Court did not address
the effect the compelled salutation and recital
ruling had upon their particular religious beliefs,
but instead ruled that the state did not have the
power to compel speech in that manner for
anyone.
http://en.wikipedia.org/wiki/West_Virginia_State_Board_of_Education_v._Barnette
6
Wooly v. Maynard
1977 Upheld the decision
New Hampshire law
• A state may not compel a person to
display its logo
Vehicle license plates with slogans
7
Sherman v. Community
School District 21
United States Court of Appeals, 7th Circuit
1992
Cert denied, 508 US 950 (1993)
Upheld students position not to participate
on political and religious grounds
8