Required to stand for the Pledge?

Steven Jamar sjamar at law.howard.edu
Fri Sep 10 19:10:16 PDT 2004


On Friday, September 10, 2004, at 09:03  PM, Robert O'Brien wrote:
>
>>     Mark Scarberry is dead on; the school can attempt to persuade the
>> student to say the secular parts of the Pledge.  Government can lead
>> opinion, or attempt to, on secular matters, but not on religious
>> matters.
>
> Does this not conflict with the key passage of Barnette:  "No public
> official, high or petty, can decide what shall be orthodox in politics,
> nationalism, religion, or other matters of opinion or force others to
> confess their faith therein by word or deed"?

No.  The government can teach all kinds of things, including respect 
for country.  But it cannot punish those who disagree or force 
adherence to the government line.

-- 
Prof. Steven D. Jamar                                     vox:  
202-806-8017
Howard University School of Law                           fax:  
202-806-8428
2900 Van Ness Street NW	                        
mailto:sjamar at law.howard.edu
Washington, DC  20008           
http://www.law.howard.edu/faculty/pages/jamar

"Years ago my mother used to say to me... 'In this world Elwood' ... 
She always used to call me Elwood... 'In this world Elwood, you must be 
Oh So Smart, or Oh So Pleasant.' Well for years I was smart -- I 
recommend pleasant.  You may quote me." --Elwood P. Dowd

- Mary Chase, "Harvey", 1950



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