Jonah Patel
The Pledge of Allegiance, which begins with the words I pledge allegiance to the flag of the United States of America, has been part of American life for generations. It was written in 1892 by Francis Bellamy, an ordained minister, and was originally published in a magazine to commemorate the 400th anniversary of Christopher Columbus's arrival in the New World. While the pledge is not explicitly mentioned in the US Constitution, there has been much constitutional controversy surrounding its recital, particularly in schools. The Supreme Court has ruled that compelling schoolchildren to recite the pledge violates the First Amendment, and there have been several cases where students have been disciplined or ridiculed for refusing to do so. There has also been debate over the inclusion of the phrase under God in the pledge, with some arguing that it violates the Establishment Clause of the First Amendment. Despite these objections, the Pledge of Allegiance remains a patriotic tradition for many Americans.
| Characteristics | Values |
|---|---|
| Author | Francis Bellamy |
| First Published | 8th September 1892 |
| Publication | The Youth's Companion |
| Original Text | I pledge allegiance to my Flag and the Republic for which it stands, one nation, indivisible, with liberty and justice for all. |
| Current Text | I pledge allegiance to the Flag of the United States of America, and to the Republic for which it stands, one Nation under God, indivisible, with liberty and justice for all. |
| Manner of Delivery | Standing at attention facing the flag with the right hand over the heart. When not in uniform, men should remove their headdress with their right hand and hold it at the left shoulder, the hand being over the heart. Persons in uniform should remain silent, face the flag, and render the military salute. |
| Amendments | "The Flag of the United States of America" was added in 1923. "Under God" was added in 1954. |
| Constitutional Status | The Supreme Court has ruled that the Pledge of Allegiance does not violate the Constitution. However, it has also ruled that citizens cannot be compelled to recite it, as this would violate the First Amendment. |
| Legal Challenges | West Virginia State Board of Education v. Barnette (1943), Elk Grove Unified School District v. Newdow (2004), Frazier v. Alexandre (2006), Newdow v. U.S. Congress (2002), Jane Doe v. Acton-Boxborough Regional School District (2014) |
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What You'll Learn
The Pledge of Allegiance's history
The Pledge of Allegiance is a patriotic verse that promises allegiance to the flag and the republic of the United States. The first version of the pledge was written in 1885 by Captain George Thatcher Balch, a Union Army officer in the Civil War. Balch's pledge was embraced by many schools and patriotic organisations until the 1920s.
In August 1892, Francis Bellamy, a Baptist minister and cousin of Edward Bellamy, composed a new version of the pledge for the popular children's magazine, The Youth's Companion. Bellamy's version was created to commemorate the 400th anniversary of Christopher Columbus' arrival in the Americas and was first published on September 8, 1892. On October 21, 1892, over 10,000 children recited the pledge together. The original Bellamy salute began with a military salute, and after reciting the words "to the flag", the arm was extended toward the flag.
Over the years, the pledge underwent several modifications. In 1923, the words "the Flag of the United States of America" were added to replace "my Flag", as the former was thought to be more inclusive of foreign-born citizens. In 1942, Congress amended the Flag Code, replacing the Bellamy salute with the hand-over-the-heart gesture, as the former resembled the Nazi salute. In 1954, Congress passed a law adding the words "under God" to the pledge, creating the 31-word version we know today.
The Pledge of Allegiance has been the subject of several legal challenges, with some arguing that it violates the First Amendment's protection of the right to refrain from speaking or standing. There have also been objections to the inclusion of the phrase "under God", with legal cases brought forward by atheist parents and students. Despite the controversies, the Pledge of Allegiance remains a widely recited verse in American life.
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The Pledge of Allegiance in schools
The Pledge of Allegiance has been a part of American life for generations, but it has also been a source of constitutional controversy, particularly in schools. The pledge was written in 1892 by Francis Bellamy, an ordained minister, and was originally published in a magazine to commemorate the 400th anniversary of Christopher Columbus's arrival in the New World. Bellamy's original pledge did not include the words "under God", and instead read: "I pledge allegiance to my flag and the Republic for which it stands, one nation, indivisible, with liberty and justice for all."
Over the years, the Pledge of Allegiance has been modified, with the words "the Flag of the United States of America" added in 1923. However, the most controversial change came in 1954 when, in response to the Communist threat, President Eisenhower encouraged Congress to add the words "under God", creating the 31-word pledge that is recited today. This change has been particularly contentious in schools, with some objecting that the inclusion of religious language violates the protections against the establishment of religion guaranteed in the First Amendment.
The Supreme Court has weighed in on the issue, most notably in the 1943 case West Virginia State Board of Education v. Barnette, where the Court held that the government could not compel citizens to express beliefs through a salute to the American flag without violating freedom of speech. This case settled an earlier 1940 decision, Minersville School District v. Gobitis, which had allowed for the expulsion of two children from public school for refusing to salute the flag and recite the Pledge of Allegiance.
More recently, in 2002, the Ninth Circuit Court of Appeals ruled that the phrase "under God" was unconstitutional in the context of public schools, but this decision was overturned by the Supreme Court on the grounds that the parent bringing the case lacked standing. In 2006, a federal district court in Florida ruled that a state law requiring students to stand and recite the Pledge of Allegiance violated the First and Fourteenth Amendments, resulting in a student who chose not to say the pledge being compensated for the ridicule she endured from a teacher.
The controversy surrounding the Pledge of Allegiance in schools continues, with legal challenges targeting both state and federal constitutions. While some courts have upheld the voluntary recitation of the pledge as constitutional, others have argued that the inclusion of "under God" violates the Establishment Clause. The Supreme Court has occasionally stated that the presence of "one nation under God" in the pledge is constitutional, particularly in the context of voluntary recitation.
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The Pledge of Allegiance and freedom of speech
The Pledge of Allegiance is a pledge that was written in August 1892 by the socialist minister Francis Bellamy. It was originally published in The Youth's Companion on September 8, 1892. The pledge reads:
> "I pledge allegiance to the flag of the United States of America, and to the republic for which it stands, one nation under God, indivisible, with liberty and justice for all."
The pledge is typically rendered by standing at attention facing the flag with the right hand over the heart. When not in uniform, men should remove any non-religious headdress with their right hand and hold it at the left shoulder, the hand being over the heart. Persons in uniform should remain silent, face the flag, and render the military salute.
Despite its widespread adoption, the Pledge of Allegiance has faced legal challenges and criticism on the grounds of freedom of speech and the separation of church and state. The First Amendment to the United States Constitution protects the right to refrain from speaking or standing, which is considered a form of speech in the context of pledging allegiance. The Supreme Court held in 1943 that the government could not compel citizens to express beliefs or salute the flag without violating freedom of speech, regardless of whether the objections were religiously based or not. This decision, West Virginia State Board of Education v. Barnette, overturned a previous ruling that allowed the expulsion of two children from a Pennsylvania public school for refusing to salute the flag and recite the Pledge of Allegiance.
In addition, the inclusion of the phrase "under God" in the Pledge of Allegiance has been challenged as a violation of the Establishment Clause of the First Amendment, which prohibits the government from establishing an official religion. In 2002, the Ninth Circuit Court of Appeals ruled that the phrase "under God" was an unconstitutional endorsement of monotheism when promoted in public schools. However, other courts have upheld the inclusion of the phrase, arguing that it does not establish a religion and that participation in the pledge is voluntary.
The Pledge of Allegiance continues to be a subject of debate, with some states and school districts facing legal challenges and criticism for requiring students to recite the pledge, while others uphold the voluntary nature of the pledge and the importance of patriotism.
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The Pledge of Allegiance and the First Amendment
The Pledge of Allegiance is not in the US Constitution. It was written in 1892 by Francis Bellamy, a socialist minister, and first published in The Youth's Companion magazine. The Pledge of Allegiance is a national emblem or symbol of the United States, and it is a way for Americans to show their respect and patriotism.
The First Amendment to the United States Constitution protects citizens' freedom of speech and religion. It guarantees that the government cannot force citizens to express beliefs that may contradict their own. This has been a point of contention in relation to the Pledge of Allegiance, particularly when it comes to schoolchildren being required to recite the pledge in schools. The Supreme Court has ruled that while the government cannot compel citizens to salute the flag or recite the pledge, the inclusion of the phrase "under God" in the pledge is constitutional.
In 1943, the Supreme Court ruled in West Virginia State Board of Education v. Barnette that "the Free Speech clause of the First Amendment prohibits public schools from forcing students to salute the American flag and say the Pledge of Allegiance." This ruling reversed a previous decision in the case of Gobitis, where two children were expelled from school for refusing to salute the flag and recite the pledge. The Court held that citizens could not be forced to express beliefs or opinions that they did not hold, regardless of whether their objections were religiously based or not.
However, in the 2004 case of Elk Grove Unified School District v. Newdow, the Supreme Court avoided ruling on the legality of the words "under God" in the Pledge of Allegiance. Instead, they ruled that the parent bringing the case did not have sufficient custody over their daughter to have standing to bring the suit. Several justices wrote concurrences stating that requiring teachers to lead the pledge, even with the inclusion of "under God," was constitutional.
The inclusion of the phrase "under God" in the Pledge of Allegiance has been a source of controversy, with some arguing that it violates the Establishment Clause of the First Amendment, which protects against the establishment of religion. In 1954, during the Cold War, Congress added the words "under God" to distinguish the United States from "godless" communism. Some legal challenges have argued that requiring the recitation of the pledge with these words in schools violates the First Amendment rights of students who do not wish to participate or who object to the religious language. However, federal appeals courts have upheld the constitutionality of the pledge, stating that participation is voluntary and that the primary purpose of the pledge is to inspire patriotism.
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The Pledge of Allegiance and the Supreme Court
The Pledge of Allegiance has been part of American life for generations, but it has also been the subject of constitutional controversy. The pledge was written in August 1892 by the socialist minister Francis Bellamy and was originally published in The Youth's Companion on September 8, 1892. Over the years, the pledge has been modified, with the most notable change being the addition of the words "under God" in 1954 by President Eisenhower to distinguish the United States from "godless" communism during the Cold War.
The first major case involving the Pledge of Allegiance and the Supreme Court was West Virginia State Board of Education v. Barnette in 1943. The case involved the children of Jehovah's Witnesses, who had been expelled from school and threatened with exclusion for refusing to salute the American flag and recite the Pledge of Allegiance. The Supreme Court held that the government could not compel citizens to express beliefs through a salute to the American flag without violating freedom of speech, regardless of whether the objections were religiously based or not. This ruling established a crucial precedent for the freedoms established by the Bill of Rights and the risk of governments restricting them through discriminatory laws.
Another notable case involving the Pledge of Allegiance and the Supreme Court is Elk Grove Unified School District v. Newdow in 2004. The case was brought by an atheist, Michael Newdow, who argued that a California school's pledge requirement violated his daughter's rights under the First Amendment's Establishment and Free Exercise Clauses. The Supreme Court, however, did not rule on the legality of the words "under God" in relation to the First Amendment. Instead, they stated that Newdow lacked sufficient custody over his daughter to bring the suit.
In 2006, the case of Frazier v. Alexandre in Florida ruled that a 1942 state law requiring students to stand and recite the Pledge of Allegiance violated the First and Fourteenth Amendments of the U.S. Constitution. This decision set a precedent for students' rights to refrain from reciting the pledge if they chose not to.
While the Supreme Court has not directly ruled on the constitutionality of the phrase "under God" in the Pledge of Allegiance, they have stated in dicta that the presence of "one nation under God" is constitutional. Additionally, federal appeals courts have ruled that the Pledge of Allegiance does not violate the Establishment Clause as its purpose is to inspire patriotism, and participation is entirely voluntary.
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Frequently asked questions
No, the Pledge of Allegiance is not in the US Constitution. The Pledge of Allegiance is a ceremonial oath that began in 1892.
There have been several controversies regarding the Pledge of Allegiance, including the constitutionality of requiring citizens to recite it and the inclusion of the phrase "under God". Some people argue that requiring citizens to recite the pledge violates the First Amendment's protection of the right to refrain from speaking. Others argue that the inclusion of "under God" violates the protections against the establishment of religion in the First Amendment.
Yes, the Supreme Court has ruled on the constitutionality of the Pledge of Allegiance in several cases. In 1943, the Court held that the government could not compel citizens to salute the flag and recite the pledge, citing the Free Speech Clause of the First Amendment. In other cases, such as Elk Grove Unified School District v. Newdow in 2004, the Court avoided ruling on the merits of the pledge's constitutionality by deciding on narrow grounds, such as the standing of the person bringing the case.
