NOTE: Mark Morris High School students succeeded in asserting their right to freedom of expression by refusing to stand for the Pledge of Allegiance. The ACLU-WA and the school resolved the issue through the following correspondence.
December 1, 1998
Gary Kipp, Principal
Mark Morris High School
1602 Mark Morris Court
Longview, WA 98632
Dear Mr. Kipp:
It has come to our attention that several students at Mark Morris High School have chosen
not to participate in the school's daily recitation of the Pledge of Allegiance. The
students, instead, prefer to remain seated and maintain a respectful silence.
The issue whether students may refuse to participate in the flag salute was resolved by
the Supreme Court in 1943 in West Virginia State Board of Education v Barnette.
While the case involved a religious freedom claim brought by Jehovah's Witnesses, the
Court made clear that a compulsory flag salute also would violate students' right to
freedom of expression. The state cannot "prescribe what shall be orthodox in
politics, nationalism, religion, or other matters of opinion…." Students cannot
be compelled to affirm their loyalty "by word or act."
The act of standing is itself part of the pledge. A student's refusal to stand is no less
a form of expression than the wearing of the black arm-band was to Mary Beth Tinker. These
forms of peaceful, non-disruptive protest are constitutionally protected. In response to
legal challenges brought by students the courts have uniformly upheld their right to
remain quietly seated during the pledge.
This right has been codified in Washington law, RCW 28A.230.140. The statute directs
school districts to hold flag salute exercises at the beginning of the school day, but
also recognizes that students cannot be forced to participate. It provides that
"[s]tudents not reciting the pledge shall maintain a respectful silence." The
statute does not require students to stand during the pledge or to leave the classroom if
they do not participate.
I hope school administrators will respect the right of those students who wish to refrain
from participating in the Pledge of Allegiance by acknowledging their right to remain
quietly seated. Students should not be compelled to participate in the pledge by the
symbolic act of standing, or be compelled to leave the classroom because of their peaceful
expression of political beliefs. If you or district legal counsel would like further
clarification of the law in regard to student participation in flag salute exercises,
please feel free to give me a call.
I look forward to your response.
Sincerely,
JULYA HAMPTON
Legal Program Director
JH:dg
cc: Dr. Nicholas D. Seaver
Superintendent