Background: House Bill 1222 would require public school students to recite the Pledge of Allegiance each morning.
Our position: The ACLU of North Dakota opposes House Bill 1222. Students do not lose their First Amendment rights when they walk inside a school building. While classrooms are permitted to recite the Pledge of Allegiance, there is a long list of moral, ethical, or personal reasons an individual may not wish to participate. Just as we must respect people's right to say things with which we might disagree, we must also protect their right to stay silent on other issues. As trustees of our children's education, it is critical that school officials protect rather than suppress diverging ideas.
In the seminal case from 1943, West Virginia State Board of Education v. Barnette, the U.S. Supreme Court ruled that a compulsory flag salute would violate students’ right to freedom of expression. Lower courts have since recognized that this right protects students who engage in silent protest or express dissent during the recitation of the pledge or during other patriotic ceremonies. Courts have held that students may express themselves by remaining seated, raising their fist, and kneeling.
