Flag Salute and Compelled Speech Cases
Elk Grove Unified School District v. Newdow (2004) avoided addressing
whether the words “under God” in the Pledge of Allegiance violated the
First Amendment.
Minersville School District v. Gobitis (1940) ruled that states could
require public school students to salute the U.S. flag without violating
students’ First Amendment rights.
In Russo v. Central School District (1972), the 2nd Circuit Court said that
teachers have First Amendment rights to stay silent during the Pledge of
Allegiance.
Taylor v. Mississippi (1943) struck down a state law that convicted
individuals who spoke against saluting the flag, finding it in violation of
the First Amendment.
West Virginia State Board of Education v. Barnette (1943) said requiring
students to salute the American flag infringed upon First Amendment
freedoms of belief and speech.
