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Frequently Asked Questions in the Students' Speech Rights Complaint
Do Students Have to Say
the Pledge of Allegiance?
What is the underlying reason for a constitutional right
to refrain from saluting the flag?
The right exists to prevent the government from coercing an individual
to affirm their loyalty for the government.
Does it matter what a students reasons are for not wanting
to stand during the pledge of allegiance?
No, it does not matter whether the individual is motivated by political,
religious or other reasoning.
Under what provision of the Constitution is the right not
to salute the flag found?
This right exists through the First Amendment's protection of the
freedom of speech.
Why is a student's decision whether to sit or stand protected
under the First Amendment?
Our laws on freedom of speech recognize that certain acts, such of
standing before the flag, are of such a symbolic nature that they
constitute speech.
How does the Supremacy Clause operate?
The Supremacy Clause holds that when state and federal laws are directly
opposed to one another, federal law will take precedence.
