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Re: Pledge of Allegiance Print E-mail
2008 Legal Program - Freedom of Speech and Assembly

Pending without litigation

In the post-9/11 world, some schools throughout Kentucky periodically place renewed emphasis on pledging allegiance to the flag.  Other schools insist that students stand during the pledge.  In response, we have written repeatedly to school officials, reiterating two sets of decades-old legal principles (announced after Jehovah’s Witness children were expelled during World War II for refusing to recite the pledge):  first, that the right of free speech includes the right not to speak; and second, that the right includes symbolic speech, such as showing respect by standing.  Consistent with those principles, schools may not compel students to stand for or recite the pledge and may not sanction students for declining to do so. Thus far, schools have complied with our requests that they honor students’ free speech rights.
 
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