Isabella Carter
The Pledge of Allegiance to the United States' flag has been a part of American life for generations, but it has also been a source of constitutional controversy. The pledge was created by Francis Bellamy, an ordained minister, and was first published in a children's magazine in September 1892. Over the years, there have been various legal challenges to the Pledge of Allegiance, with some arguing that it violates the First Amendment and the Establishment Clause of the United States Constitution. One of the main points of contention has been the inclusion of the phrase under God, which was added by Congress in 1954 during the Cold War. The Supreme Court has ruled that citizens cannot be required to recite the Pledge, and there have been several cases involving students and teachers who have refused to participate in the Pledge.
| Characteristics | Values |
|---|---|
| Part of American life for generations | The Pledge of Allegiance has existed in some form since 1892 |
| Constitutional controversy | The First Amendment protects the right to refrain from speaking or standing |
| Author | Francis Bellamy, an ordained minister |
| Original version | Did not include the words "under God" |
| Congress added "Under God" | 1954, during the Cold War |
| Supreme Court decision | Students cannot be forced to recite the Pledge |
| Court rulings | The Pledge does not violate the Establishment Clause |
| Legal challenges | Targeted state constitutions, not the U.S. Constitution |
| State laws | May require students to get parental permission before opting out |
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What You'll Learn
The pledge's historical context
The Pledge of Allegiance was written in August 1892 by the socialist minister Francis Bellamy. It was originally published in The Youth's Companion on September 8, 1892, as part of the National Public-School Celebration of Columbus Day, commemorating the 400th anniversary of Christopher Columbus's arrival in the Americas. Bellamy's original pledge read:
> I pledge allegiance to my Flag and the Republic for which it stands, one nation, indivisible, with liberty and justice for all.
Bellamy's pledge replaced an earlier one by Balch, which was used by many schools and the Daughters of the American Revolution until the 1910s. Bellamy, who was also a Baptist minister and a Christian socialist, described Balch's pledge as "too juvenile and lacking in dignity".
In 1923, the words "the Flag of the United States of America" were added to Bellamy's pledge, as some people feared that foreign-born citizens might be thinking of the flag of their birth country instead. A year later, "of America" was added after "United States". In 1942, Congress stipulated that the Bellamy salute, which resembled the Nazi salute, would be replaced with the hand-over-heart gesture.
In 1954, President Eisenhower encouraged Congress to add the words "under God" to the pledge, in response to the Communist threat at the time. This alteration was opposed by Bellamy's daughter. The Pledge of Allegiance received its official name in 1945, and its final change in language was on Flag Day in 1954 when Congress passed a law adding the words "under God".
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The pledge as a form of patriotism
The Pledge of Allegiance has been a part of American life for generations, with the original version published in a children's magazine in September 1892. The pledge was created by Francis Bellamy, a Baptist minister, to commemorate the 400th anniversary of Christopher Columbus' voyage to America. The original version did not include the words "under God", which were added by Congress in 1954 during the Cold War to emphasize the distinctions between the United States and the officially atheistic Soviet Union.
Over the years, the Pledge of Allegiance has been the subject of various legal challenges and controversies. One of the main objections is that a constitutional republic built on freedom of dissent should not require its citizens to pledge allegiance to it. The First Amendment to the United States Constitution protects the right to refrain from speaking or standing, which is itself a form of speech in the context of the pledge. There have also been concerns about the inclusion of the phrase "under God", with some arguing that it violates the protections against the establishment of religion guaranteed in the Establishment Clause of the First Amendment.
Despite these controversies, the Pledge of Allegiance is still widely considered a form of patriotism. In 2010, two federal appeals courts ruled that the pledge "does not violate the Establishment Clause because Congress’ ostensible and predominant purpose was to inspire patriotism". The courts also emphasized that the choice to recite the pledge or not is entirely voluntary. This ruling was affirmed by the United States Court of Appeals for the First Circuit in 2015, which found that the pledge's reference to God does not violate non-pledging students' rights if student participation is voluntary.
The Pledge of Allegiance has become an integral part of American culture, with many seeing it as a way to express their love and loyalty to their country. While the legal challenges continue, with cases being brought before state and federal courts, the pledge remains a powerful symbol of patriotism for many Americans.
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The pledge and the First Amendment
The Pledge of Allegiance has been a part of American life for generations, but it has also been the subject of constitutional controversy and legal challenges. The original version of the pledge, created by Francis Bellamy, an ordained minister, and published in a children's magazine in September 1892, did not include the words "under God." The pledge read: "I pledge allegiance to my flag and to the Republic for which it stands, one nation, indivisible, with liberty and justice for all."
Over the years, the pledge has been modified, and in 1954, during the Cold War, Congress added the words "under God" to emphasize the distinctions between the United States and the officially atheistic Soviet Union. This addition has been the subject of several legal challenges, with some arguing that it violates the Establishment Clause of the First Amendment, which prohibits the government from establishing an official religion.
One of the earliest cases involving the Pledge of Allegiance occurred in 1935 when two children, Lillian and William Gobitis, were expelled from a public school in Pennsylvania for failing to salute the flag and recite the pledge. However, in 1943, the Supreme Court ruled in West Virginia State Board of Education v. Barnette that public schools could not force students to salute the flag or recite the pledge, citing the Free Speech clause of the First Amendment.
More recently, in 2004, the Supreme Court heard the case of Elk Grove Unified School District v. Newdow, which challenged the use of "under God" in the pledge. The Court avoided ruling on the constitutionality of the phrase, instead deciding that the plaintiff, atheist Michael Newdow, did not have legal standing to bring the case on behalf of his daughter because he did not have legal custody. In 2014, a similar case was brought in Massachusetts, Jane Doe v. Acton-Boxborough Regional School District, by a group of parents, teachers, and the American Humanist Association, arguing that the Pledge requirement violated the equal protection clause of the state constitution. The state Supreme Court ruled in favor of the school district, and a United States Supreme Court appeal was denied in 2015.
The Pledge of Allegiance continues to be a subject of debate, with some arguing that it violates the First Amendment rights of students, particularly those who are non-believers or cannot give their consent to recite the pledge. Others defend the pledge as a patriotic expression that does not establish religion and is voluntary to recite. The legal challenges and rulings surrounding the pledge reflect the ongoing interpretation and application of the First Amendment in the context of religious expression and freedom of speech in the United States.
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The pledge in schools
The Pledge of Allegiance has been a part of American life for generations, with the original version appearing in a magazine article in 1892. It was written by Francis Bellamy, a Baptist minister, to commemorate the 400th anniversary of Christopher Columbus' voyage to America. The original version did not include the words "under God", which were added by Congress in 1954 during the Cold War to emphasise the distinctions between the United States and the officially atheistic Soviet Union.
The Pledge has been a subject of legal challenges and controversies, especially regarding the recitation of the Pledge in schools and the inclusion of the phrase "under God". One of the earliest cases was in 1935 when two children were expelled from a Pennsylvania public school for refusing to salute the flag and recite the Pledge. The Supreme Court ruled in their favour in 1943, stating that the First Amendment prohibits schools from forcing students to participate in the Pledge.
Despite this ruling, there have been numerous instances where students and teachers have faced repercussions for opting out of the Pledge. In 2004, the Supreme Court heard a case challenging the use of "under God" in the Pledge but avoided ruling on the constitutionality of the phrase. In 2006, a federal district court in Florida ruled that requiring students to recite the Pledge violates the First and Fourteenth Amendments. More recently, in 2019, a sixth-grade student was arrested in a pledge dispute, drawing attention to the ability of states to require parental permission for students to opt out.
The inclusion of "under God" in the Pledge has been a particular point of contention, with several legal challenges arguing that it violates the Establishment Clause of the First Amendment by promoting religion in a government-sponsored activity. Some courts have upheld the use of the phrase, stating that it is of a "ceremonial and patriotic nature" and does not establish religion. However, other courts have found that it violates the constitutional rights of non-believing students. The debate continues, with ongoing legal challenges seeking to remove the phrase from the Pledge recited in schools.
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The pledge and the separation of church and state
The Pledge of Allegiance has been part of American life for generations, but it has also been the subject of constitutional controversy and legal challenges. The original version of the pledge, written by Francis Bellamy, a Baptist minister, and published in a children's magazine in 1892, did not include the words "under God". The pledge read: "I pledge allegiance to my flag and to the Republic for which it stands, one nation, indivisible, with liberty and justice for all." Over the years, the pledge was modified, and in 1954, during the Cold War, Congress added the words "under God" to emphasize the distinctions between the United States and the officially atheistic Soviet Union.
The inclusion of the phrase "under God" has been the subject of several legal challenges, with some arguing that it violates the Establishment Clause of the First Amendment, which prohibits the government from establishing an official religion. In 2004, the U.S. Supreme Court accepted a case, Elk Grove Unified School District v. Newdow, that challenged the use of "under God" in the Pledge, but the Court did not rule on the constitutionality of the phrase. Instead, they ruled that the plaintiff, atheist Michael Newdow, did not have legal standing to bring the case on behalf of his daughter because he did not have legal custody of her.
In 2014, two legal challenges were brought against state constitutions regarding the use of "under God" in the Pledge. The first, Jane Doe v. Acton-Boxborough Regional School District, was brought by a group of parents, teachers, and the American Humanist Association in Massachusetts. The plaintiffs argued that the Pledge requirement, including the use of "under God," violated the equal protection clause of the state's constitution. The state Supreme Court ruled in favor of the school district, stating that individual students were not forced to take part in the Pledge. The second case, filed in New Jersey by a family and the American Humanist Association, sought to eliminate the use of "under God" from Pledges taken at public schools. This case was also decided in favor of the school district, with the judge ruling that the school was following a state law that requires schools to have a daily recitation of the Pledge.
In addition to these cases, there have been other instances where individuals have objected to the Pledge of Allegiance on the grounds of religious freedom and the separation of church and state. Some argue that requiring citizens to pledge allegiance to a country with a specific reference to God violates the First Amendment's protection of the right to refrain from speaking or standing, which is itself a form of speech. Others believe that small children in schools who recite the Pledge daily may not fully understand the implications of the Pledge or give their consent. While there have been legal victories for those who object to the Pledge, the overall trend seems to indicate that courts lean towards upholding the Pledge as a voluntary patriotic expression that does not violate the Establishment Clause.
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Frequently asked questions
The Pledge of Allegiance has been part of American life for generations, existing in some form since September 1892 when it appeared in a magazine article. Francis Bellamy, an ordained minister, created the pledge to be taken on Columbus Day by millions of school children.
The Pledge of Allegiance has been the subject of legal challenges and controversies over the years, mainly due to the inclusion of the phrase "under God". Some argue that it violates the Establishment Clause of the First Amendment, which protects the right to refrain from speaking or standing and prohibits the establishment of religion. Others believe that it is constitutional and does not violate the rights of non-pledging students if participation is voluntary.
Yes, there have been several legal cases challenging the Pledge of Allegiance. In 1943, the Supreme Court ruled in West Virginia State Board of Education v. Barnette that public schools could not force students to recite the Pledge. In 2004, the Supreme Court heard Elk Grove Unified School District v. Newdow, challenging the use of "under God" but did not rule on the constitutionality. Other cases include Frazier v. Alexandre in 2006 and Jane Doe v. Acton-Boxborough Regional School District in 2014.
No, students cannot be forced to recite the Pledge of Allegiance. While some states require daily recitation, individual students cannot be forced to participate. In some cases, students who chose not to say the pledge have been ridiculed or disciplined, leading to legal action and apologies from school districts.
