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Patriotic Exercises Page 130-134. What’s in Question?. Freedom of Speech “Under God” Extent of Participation. Secular v. Sectarian. Secular - not religious; not bound by vows Sectarian – relating to the church; under vows of a parish. Challenge. State and local policies
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What’s in Question? Freedom of Speech “Under God” Extent of Participation
Secular v. Sectarian Secular - not religious; not bound by vows Sectarian – relating to the church; under vows of a parish
Challenge State and local policies • Participation in patriotic exercises Pledge of Allegiance
West Virginia State Board of Education v. Barnette319 U.S. 624 (1943) The Supreme court held that the Free Speech Clause of the First Amendment to the United States Constitution protected students from being forced to salute the American Flag and be required to say the Pledge of Allegiance in school.
Significance • Step forward for the Jehovah’s Witness, whose religion forbade them from saluting or pledging to symbols, including symbols of political institutions. However, the Court did not address the effect the compelled salutation and recital ruling had upon their particular religious beliefs, but instead ruled that the state did not have the power to compel speech in that manner for anyone. http://en.wikipedia.org/wiki/West_Virginia_State_Board_of_Education_v._Barnette
Wooly v. Maynard 1977 Upheld the decision New Hampshire law • A state may not compel a person to display its logo Vehicle license plates with slogans
Sherman v. Community School District 21 United States Court of Appeals, 7th Circuit 1992 Cert denied, 508 US 950 (1993) Upheld students position not to participate on political and religious grounds