Forcing students to participate in patriotic ceremonies violates their First Amendment rights
More than 70 years ago, the U.S. Supreme Court first held that the First Amendment bars public schools from requiring students to participate in patriotic ceremonies.
Public school students cannot be forced to recite the Pledge of Allegiance and/or stand during the Pledge. Students are allowed to #TakeAKnee or raise a fist to protest racial injustice and police brutality in our nation.
This week, the ACLU of Missouri sent letters to several school districts in Missouri to remind them that students’ constitutional rights do not stop at the schoolhouse door.
“We support both their activism and their First Amendment rights,” said Sara Baker, ACLU of Missouri legislative and policy director. “Today’s students are the engaged leaders of tomorrow. We should encourage the full expression of their constitutional rights.”
“The beauty of the U.S. Constitution is that all Americans – regardless of their political beliefs or where they live – have the same rights to freedom of speech,” said Jeffrey Mittman, executive director, ACLU of Missouri. “The ACLU is here to help students, parents and educators understand the First Amendment and protect the rights of all Missourians.”
The ACLU is working with the districts to amiably resolve these constitutional issues.