The Pledge of Allegiance in the Classroom and the Court: An Epic Struggle Over the Meaning of the Establishment Clause of the First Amendment
Brian Wheeler, 2008 B.Y.U. Educ. & L.J. 281 (2008)
The United States Supreme Court has been at odds with itself for many years over what the Establishment Clause of the First Amendment does and does not protect, particularly when it comes to speech within public schools. As part of this debate, a hot topic throughout the decade has been what the Establishment Clause means for the Pledge of Allegiance and its recitation in public schools. As the legal community anxiously awaits the Ninth Circuit’s decision in the latest challenge to the Pledge, the United States Supreme Court must prepare to make a final determination of what impact, if any, the Establishment Clause of the First Amendment has on voluntary teacher-led recitation of the Pledge of Allegiance by public school students.