Legal Question in Constitutional Law in Pennsylvania
Pledge of Allegiance
(Sophomore in High school) I recently decided to remain silent and in my seat when the pledge of allegiance is played(every day). My principal took me out of homeroom and makes me sit in the office everyday until I admit to return to my homeroom and stand for the pledge. My question is, can he legally do this in a public school.
2 Answers from Attorneys
Re: Pledge of Allegiance
In general, so long as you're not being disruptive, there is no reason you can't remain in your classroom. If you don't mind my asking, what is the reason for your protest?
Re: Pledge of Allegiance
That's a tricky question.
The law is clear that students cannot be compelled to recite or otherwise affirm the pledge of allegiance; to force students to do so is a violation of their First Amendment rights.
The tricky part is whether you're being compelled to do so, or, phrased another way, if you're being punished for not doing so. In theory, you should not be treated any differently. In practice, the school is arguably not punishing you.
Feel free to email me if you'd like to discuss this issue in depth.
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