. Now, Stevon Cook is defending his actions in response to some criticism. "[T]he First Amendment requires that a statute must be invalidated if it is entirely motivated by a purpose to advance religion." "-2 The classmates of Newdow's daughter in the EGUSD are led by their teacher in reciting the Pledge codified in federal law. The phrase 'under God' recognizes only the guidance of God in our national affairs." 'It's about damn time': Bryan Ruby becomes only active pro baseball player to be out as gay, In the video,Pitzen begins:"OK, so during third period, we do announcements and they do the Pledge of Allegiance. Alaska. Jill Tucker is a San Francisco Chronicle staff writer. 1970); cf. Under the new order, it is now illegal for any federally funded agency to display the pledge or for any federal employee to recite, or encourage others to recite, the pledge while on duty. Although students cannot be forced to participate in recitation of the Pledge, the school district is nonetheless conveying a message of state endorsement of a religious belief when it requires public school teachers to recite, and lead the recitation of, the current form of the Pledge. "[T]he government must pursue a course of complete neutrality toward religion." I am an American. Instead of applying any of the tests announced by the Supreme Court, the Seventh Circuit simply frames the question as follows: "Must ceremonial references in civic life to a deity be understood as prayer, or support for all monotheistic religions, to the exclusion of atheists and those who worship multiple gods?" He sought declaratory and injunctive relief, but did not seek damages. (TOC), Inc., 528 U.S. 167, 180-81 (2000) (citing Lujan v. Defenders of Wildlife, 504 U.S. 555, 560-561 (1992)). I always tell my class:'Stand if you feel like it, don't stand if you feel like it, say the words if you want. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. "Over the years, this Court has declared the invalidity of many noncoercive state laws and practices conveying a message of religious endorsement." Explore our new 15-unit high school curriculum. 10 - In Aronow v. United States, 432 F.2d 242 (9th Cir. According to the National Conference of State Legislatures, half the states require the pledge to be included as part of the school day and half a dozen more recommend it. v. Americans United for Separation of Church and State, Inc., 454 U.S. 464, 488-90 (1982). Rep. No. Id. Reciting the Pledge of But it won't last long. (citations and internal quotation marks omitted).-5 The Court first examined the degree of school involvement in the prayer, and found that "the graduation prayers bore the imprint of the State and thus put school-age children who objected in an untenable position." To recite the Pledge is not to describe the United States; instead, it is to swear allegiance to the values for which the flag stands: unity, indivisibility, liberty, justice, and - since 1954 - monotheism. . Specifically, has Newdow suffered an "injury in fact" that is "fairly traceable" to the enactment of the 1954 Act? Over the last three decades, the Supreme Court has used three interrelated tests to analyze alleged violations of the Establishment Clause in the realm of public education: the three-prong test set forth in Lemon v. Kurtzman, 403 U.S. 602, 612-13 (1971); the "endorsement" test, first articulated by Justice O'Connor in her concurring opinion in Lynch, and later adopted by a majority of the Court in County of Allegheny v. ACLU, 492 U.S. 573 (1989); and the "coercion" test first used by the Court in Lee. The recitation that ours is a nation "under God" is not a mere acknowledgment that many Americans believe in a deity. But, legal world abstractions and ruminations aside, when all is said and done, the danger that "under God" in our Pledge of Allegiance will tend to bring about a theocracy or suppress somebody's beliefs is so minuscule as to be de minimis. From left, 4th-graders Sanai Mayfield, Adriana Lee, Myron Zhang, David Yu and Ariana Suchranudin recite the Pledge of Allegiance during a bi-weekly assembly at Argonne Elementary School in San Francisco, Calif. on Friday, March 15, 2013. at 693 (O'Connor, J., concurring); Abington Sch. The Ninth Circuit panel majority consisted of Judge Goodwin, a 79-year-old jurist appointed in 1971 by President Richard M. Nixon, and Stephen Reinhardt, a 71-year-old member of the court since 1980, when President Jimmy Carter appointed him. The Court determined that the recitation of the pledge -- and, specifically, the school's role in leading it -- does not violate the Establishment Clause. The Establishment Clause guards not only against the establishment of "religion as an institution," but also against the endorsement of religious ideology by the government. In the meantime, I tell this kid, 'We do have a flag in the class that you can pledge your allegiance to.'. at 634 n.14. Critically, the majority observed a right of individuals to be free from official pressure to state a particular opinion, including that they honor their government. Pub. "I think we live in a great country, this country has given me a lot," said Cook, who assures he will continue to encourage others to recite the Pledge, but while he's president of the board, he will honor those he believes are American patriots. China lashed out at the U.S. for banning TikTok, describing the ban as an abuse of state power and suppressing firms from other countries. Pitzen imitated her studentpointing to the rainbow Pride flag. at 630, 63 S. Ct. at 1181. At heart, said the Court, were the principles of freedom of thought and government by consent. And California state standards do include the pledge as a first-grade social studies topic, while civics in general is usually reserved for senior year in high school. "But does it make people more patriotic? The giving of the Pledge of Allegiance to the Flag of the United States of America Justice O'Connor's concurrence in Wallace noted that whether a statute actually conveys a message of endorsement of religion is "not entirely a question of fact . Use Next and Previous buttons to navigate. 2002), we are not required to apply it if a practice fails one of the other tests. It was President Eisenhower who convinced Congress to add it in 1954. (en banc) (Fernandez, J., dissenting), cert. at 594. But criticism of the decision was swift, and, mostly, harsh. While Valley Forge remains good law, the Supreme Court in more recent opinions has indirectly broadened the notion of Establishment Clause standing in public education cases by holding that the mere enactment of a statute may constitute an Establishment Clause violation. Parents are now weighing in on Cook's decision. Lee, 505 U.S. at 592. The president of the San Francisco School Board is skipping the Pledge of Allegiance during meetings. Agostini, 521 U.S. at 222. The storms have delayed travel, shuttered schools and overwhelmed crews trying to dig out of the snow and repair downed power lines. Id. Yosemite breaks snow record; park closed indefinitely, The epic California snowpack is inching toward record levels. See A-Z Intern. . Leading advocates of civic education say probably not. but it borders on sophistry to suggest that the reasonable atheist would not feel less than a full member of the political community every time his fellow Americans recited, as part of their expression of patriotism and love for country, a phrase he believed to be false. All rights reserved. Seven states, Iowa, Hawaii, Michigan, Nebraska, Vermont, Wyoming and Maine have no laws. Because the words that amended the Pledge were enacted into law by statute, the district court may not direct Congress to delete those words any more than it may order the President to take such action. Newdow has standing as a parent to challenge a practice that interferes with his right to direct the religious education of his daughter. In evaluating the purpose of the school district policy, the Court found "most striking . Visit our attorney directory to find a lawyer near you who can help. v. Schempp, 374 U.S. 203, 303-04 (1963) (Brennan, J., concurring); id. The full panel of the Ninth Circuit allowed the decision to stand, but the school district appealed to the U.S. Supreme Court. Over the following decades, there have been legal challenges concerning the use of those two words in the Pledge. The Pledge is currently codified as "I pledge allegiance to the Flag of the United States of America, and to the Republic for which it stands, one nation under God, indivisible, with liberty and justice for all." 530 U.S. at 308. However, as discussed infra, Newdow lacks standing to challenge the SCUSD's rule requiring recitation of the Pledge. This material may not be reproduced without permission. FindLaw.com Free, trusted legal information for consumers and legal professionals, SuperLawyers.com Directory of U.S. attorneys with the exclusive Super Lawyers rating, Abogado.com The #1 Spanish-language legal website for consumers, LawInfo.com Nationwide attorney directory and legal consumer resources. In every public secondary school there shall be conducted daily appropriate patriotic Students at Argonne recite the Pledge of Allegiance during bi-weekly assemblies on the schoolyard. In Elk Grove Unified School District v. Newdow (2004), the Supreme Court reversed the Ninth Circuit, but only because the Court determined that Newdow did not have standing to bring the case. Servs. Pitzen noted that she took her American flag down in her classroom "because it made me uncomfortable" during the COVID-19 pandemicbut hasn't located the flag. Facts of the case Michael Newdow's daughter attended public school in the Elk Grove Unified School District in California. at 489 (quoting Schlesinger v. Reservists Comm. Id. We begin our inquiry by noting the general rule that the standing requirements for an action brought under the Establishment Clause are the same as for any other action. In particular, the Court rejected the following three core assumptions of Ball: (i) any public employee who works on the premises of a religious school is presumed to inculcate religion in her work; (ii) the presence of public employees on private school premises creates a symbolic union between church and state; and (iii) any and all public aid that directly aids the educational function of religious schools impermissibly finances religious indoctrination, even if the aid reaches such schools as a consequence of private decisionmaking. The Supreme Court then took the unusual step of ruling against the Jehovahs Witnesses in a legal fight against the Pledge and reversing its own ruling within threeyears. 1943: Supreme Court Upholds Establishment Clause In West Virginia State In accordance with state law and a school district rule, EGUSD teachers begin each school day by leading their students in a recitation of the Pledge of Allegiance ("the Pledge"). " Wallace, 472 U.S. at 63 n.4 (Powell, J., concurring) (quoting Marsh, 463 U.S. at 792). Pointing to a U.S. map arguably would fulfill a school's legal obligation. 465 U.S. at 687 (O'Connor, J., concurring). 2d 29 (1985); Lynch v. Donnelly, 465 U.S. 668, 676, 693, 716, 104 S. Ct. 1355, 1361, 1369, 1382, 79 L. Ed. at 56 (citations omitted) (applying the Lemon test). However, Newdow has no standing to challenge the SCUSD's policy and practice because his daughter is not currently a student there. The giving of the Pledge of Allegiance to the Flag of the United States of America shall satisfy the requirements of this section. the pupils of the school normally begin the schoolday, there shall be conducted appropriate granted and judgment vacated by ___ U.S. ___, 122 S. Ct. 340, 151 L. Ed. On June 22, 1942, Congress first codified the Pledge as "I pledge allegiance to the flag of the United States of America and to the Republic for which it stands, one Nation indivisible, with liberty and justice for all." As the Court observed with respect to the graduation prayer in that case: "What to most believers may seem nothing more than a reasonable request that the nonbeliever respect their religious practices, in a school context may appear to the nonbeliever or dissenter to be an attempt to employ the machinery of the State to enforce a religious orthodoxy." But they do so at the price of removing a vestige of the awe we all must feel at the immenseness of the universe and our own small place within it, as well as the wonder we must feel at the good fortune of our country. atheistic and materialistic concepts." Although the previous form of the statute specifically allowed students to use the moment of silence for "meditation," silent prayer was always an option. 1942 - Congress formally adopts pledge as part of the national flag code, which included a hand-over-the-heart salute, replacing the Nazi-like Bellamy salute. Id. ", First, minors can't legally pledge anything, he said. The Pledge of Allegiance to the United States' flag has been part of American life for generations, but not without some constitutional controversy. Read this complete California Code, Education Code - EDC 52720 on Westlaw. "It's talking about the flag and how people promise stuff and keep their word and it's talking about the United States," she said. 2 - The SCUSD, the school district that Newdow claims his daughter may in the future attend, has promulgated a similar rule: "Each school shall conduct patriotic exercises daily . The Supreme Court found that the plaintiff had standing neither as a taxpayer, see id. Noting that "the Constitution also requires that we keep in mind 'the myriad, subtle ways in which the Establishment Clause values can be eroded,' " id. Still, given that the pledge has spanned generations of schoolkids, there is a cultural literacy argument for at least knowing it, Levine said. Id. The following is a summary of the Pledge of Allegiance and legal challenges in education. First in 1940 in the case of Minersville School District v. Gobitis, the Court held that a public school could force students who wereJehovahs Witnesses to salute the flag and say the Pledge. Relying in part on Supreme Court dicta regarding the Pledge, the court answers this question in the negative, determining that "under God" is a statement which, taken within its context in the Pledge, is devoid of any significant religious content, and therefore constitutional. 980 F.2d at 445. Except for the fact that my room does not have a flag. Recognizing the severity of the effect of this form of coercion on children, the Supreme Court in Lee stated, "the State may not, consistent with the Establishment Clause, place primary and secondary school children in this position." See Eastland v. United States Servicemen's Fund, 421 U.S. 491, 503 (1975). There was nothing to this report, which was just another recycled hoax promulgated by a malware-spreading fake news site that illegally appropriates the trademarks of legitimate news organizations such as ABC News. is not an injury sufficient to confer standing under Art. This case provokes the argument of whether the pledge is religiously or politically inclined. The legislation's House sponsor, Representative Louis C. Rabaut, testified at the Congressional hearing that "the children of our land, in the daily recitation of the pledge in school, will be daily impressed with a true understanding of our way of life and its origins," and this statement was incorporated into the report of the House Judiciary Committee. Second, isn't a pledge a pledge? 4 itself. But cf. As discussed earlier, Newdow has standing as a parent to challenge a practice that interferes with his right to direct the religious education of his daughter. | https://codes.findlaw.com/ca/education-code/edc-sect-52720.html. This law also applies to federal contractors and other institutions that receive federal funding such as public schools. Also in2014, a New Jersey family and the American Humanist Association filed a similar lawsuit against the Matawan-Aberdeen Regional School District, seeking to eliminate the use of the words under God from Pledges taken at public schools. A parent at Wilson Elementary School in Most Californians can put off filing taxes until Oct. 16 but should they? And all fifth-graders learn it and dissect it, said Principal Alex Hale. Now they don't. . ", Teacher removed after her students pledge allegiance to the Pride flag. at 306-08 (Goldberg, J., joined by Harlan, J., concurring); Engel, 370 U.S. at 435 n. 21. Judges, including Supreme Court Justices, have recognized the lack of danger in that and similar expressions for decades, if not for centuries, as have presidents-2 and members of our Congress. 4 would deprive federal courts of the opportunity to strike under God from that statute, any lament would be no more than a complaint about the limits on federal judges constitutional power. In 2014, the Massachusetts case Jane Doe v. Acton-Boxborough Regional School District involved a group of parents, teachers and the American Humanist Association in an action against a school district. The giving of the Pledge of Allegiance to the Flag of the United States of America Arthur Hayes, a law professor at Quinnipiac University, called the decision a ``well-reasoned opinion that is certain to enrage the Christian right.''. "The requirement of standing focuses on the party seeking to get his complaint before a federal court and not on the issues he wishes to have adjudicated. The Court noted that the school district was compelling the students "to declare a belief," id. All in all, however, perusing those opinions indicates that Chief Justice Burger, Chief Justice Rehnquist, and Justices Harlan, Brennan, White, Goldberg, Marshall, Blackmun, Powell, Stevens, OConnor, Scalia, and Kennedy have so recognized. Id. at 309. to Stop the War, 418 U.S. 208, 227 (1974)). The panel's decision prompted an immediate reaction in Washington, where senators unanimously passed a resolution condemning the ruling and where dozens of House members gathered on the steps of the Capitol to recite the pledge and sing ``God Bless America.'' Scott Bomboy is the editor in chief of the National Constitution Center. FERNANDEZ, Circuit Judge, concurring and dissenting: I concur in parts A, B and C-1 of the majority opinion, but dissent as to part D. We are asked to hold that inclusion of the phrase "under God" in this nation's Pledge of Allegiance violates the religion clauses of the Constitution of the United States. WebDo California schools have to conduct Pledge of Allegiance ceremonies? Some, who rather choke on the notion of de minimis, have resorted to the euphemism "ceremonial deism." Id. Stay up-to-date with how the law affects your life. In Valley Forge, an organization dedicated to the separation of church and state brought suit challenging the federal government's grant of surplus federal property to a church-related college. '', The Rev. Copyright 2023, Thomson Reuters. 8,491), reports local ABC affiliate KOTA. SAN FRANCISCO (KGO) -- The President of the San Francisco School Board refused to recite the Pledge of Allegiance during last Tuesday's meeting. Introduction The Pledge of Allegiance is an issue that has sparked so much controversy in recent times. Id. 1628 (1943), for example, the Supreme Court did not say that the Pledge could not be recited in the presence of Jehovah's Witness children; it merely said that they did not have to recite it.-7 That fully protected their constitutional rights by precluding the government from trenching upon "the sphere of intellect and spirit." c 223 28A.02.030. 472 U.S. at 56; see also id. The "psychological consequence presumably produced by observation of conduct with which one disagrees . Newdow asks the district court to order the President of the United States ("the President") to "alter, modify or repeal" the Pledge by removing the words "under God"; and to order the United States Congress ("Congress") "immediately to act to remove the words 'under God' from the Pledge." Steve Duprey, the retired chairman of the New Hampshire Republican Party, who is still active in national Republican politics, said that the decision was ``so out of tune with what Americans believe, I don't think it will be a hot political issue in this campaign. by: Joe Carroll. 2339, 2341. 1943: Supreme Court Upholds Establishment Clause In West Virginia State Board of Education v. Barnette (1943), the Supreme Court ruled that requiring the Pledge of Allegiance in public schools violated the First and Fourteenth Amendments. The relevant issue is whether an objective observer, acquainted with the text, legislative history, and implementation of the statute, would perceive it as state endorsement of prayer in public schools." In sum, the amendment to the Alabama statute had no discernible effect on public school students other than to inform them that the state was encouraging them to engage in prayer during their daily moment of silence. Examples abound of schools that don't include the pledge as part of the day or at some point in instruction. The teacher is no longer in the classroom. In sum, both the policy and the Act fail the Lemon test as well as the endorsement and coercion tests.-12 [10] In conclusion, we hold that (1) the 1954 Act adding the words "under God" to the Pledge, and (2) EGUSD's policy and practice of teacher-led recitation of the Pledge, with the added words included, violate the Establishment Clause. Eli Lilly cuts insulin prices up to 70% amid pressure to slash costs, At least 36 dead, 66 injured after trains collide in Greece: officials, Oakland school board rejects resolutions to cut budget, lay off staff. at 314-16. The pledge has existed in some form since September 1892 when it appeared in a magazine article that commemorated the 400th anniversary of Christopher Columbuss arrival in the New World. In Wallace and Santa Fe, the Court looked at the language of each statute, the context in which the statute was enacted, and its legislative history to determine that the challenged statute caused an injury in violation of the Establishment Clause. Start your constitutional learning journey. After Jehovah's Witnesses students were expelled, their parents brought suit contending that the law infringed upon their religious beliefs, which they said required them not to engage in these secular practices. Accordingly, a reversal of the order would result in the reinstatement of the complaint against the state. '', ``Given the age and impressionability of schoolchildren,'' he added, ``particularly within the confined environment of the classroom, the policy is highly likely to convey an impermissible message of endorsement to some and disapproval to others of their beliefs regarding the existence of a monotheistic God. 6 - Barnette was decided before "under God" was added, and thus the Court's discussion was limited to the political ideals contained in the Pledge. . At La Escuelita in Oakland, students say it about once a week, said fifth-grader Atziri Sanchez, who stumbled over a few words while reciting it, but had the general gist. ", Teacher mocks the American Flag and suggests to students they can say the Pledge of Allegiance to the pride flag: pic.twitter.com/1QTS5xjPln. In addition, the ruling, which will certainly be appealed, struck down a 1954 federal law in which Congress added the phrase ``under God'' to one of the most hallowed patriotic traditions in the nation. In every public elementary school each day during the school year at the beginning Id. In any event, Aronow is distinguishable in many ways from the present case. The following is a summary of the Pledge of Allegiance and legal challenges in education. police arrest 2 teens suspected in brutal attack near Dolores Park. Allegheny, 492 U.S. at 628 (O'Connor, J., concurring). You don't have to say the words.' As the legislative history of the 1954 Act sets forth: At this moment of our history the principles underlying our American Government and the American way of life are under attack by a system whose philosophy is at direct odds with our own. III, even though the disagreement is phrased in constitutional terms." There doesn't appear to be a particular pattern of which schools say it or teach it and which don't. at 316 (emphasis added). Justice Felix Frankfurter wrote in the majority opinion that conscientious scruples have not, in the course of the long struggle for religious toleration, relieved the individual from obedience to a general law not aimed at the promotion or restriction of religious beliefs., However,in1943, the Court changed its course in West Virginia State Board of Education v. Barnette, where the majority reversed the Gobitis decision and heldthat the Free Speech clause of the First Amendment prohibits public schools from forcing students to salute the American flag and say the Pledge of Allegiance.. Id. 1999) (en banc); see also Grove v. Mead Sch. S.F. at 592, the Court held that the school district's supervision and control of the graduation ceremony put impermissible pressure on students to participate in, or at least show respect during, the prayer, id. 530 U.S. 310-16. Newdow argues that the addition of these words by a 1954 federal statute to the previous version of the Pledge of Allegiance (which made no reference to God) and the daily recitation in the classroom of the Pledge of Allegiance, with the added words included, by his daughter's public school teacher are violations of the Establishment Clause of the First Amendment to the United States Constitution. "-11 Ball, 473 U.S. at 390. Pitzen has faced backlash, mainly over social media, with people taking issue less with her suggestion for the LGBTQ flag and more with her tone toward the American flag. The rumor that President Barack Obama banned the Pledge of Allegiance in public schools originated from a satirical article posted last month by a fake news Rather, the phrase "one nation under God" in the context of the Pledge is normative. Dist. . Copyright 2023, Thomson Reuters. Adobe Stock. 4 - In Marsh, the Court "held that the Nebraska Legislature's practice of opening each day's session with a prayer by a chaplain paid by the State did not violate the Establishment Clause of the First Amendment. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. https://codes.findlaw.com/ca/education-code/edc-sect-52720.html, Read this complete California Code, Education Code - EDC 52720 on Westlaw, ABA Votes To Keep Admission Tests Requirement, The Onion Joins Free-Speech Case Against Police as Amicus, Bumpy Road Ahead for All in Adoption of AI in the Legal Industry. Dist. The school districts and their superintendents (collectively, "school district defendants") filed a Federal Rule of Civil Procedure 12(b)(6) motion to dismiss for failure to state a claim. "The usual debate is, if you want it out of the schools, you don't like God and country," said Peter Levine, director of the Center for Information & Research on Civic Learning & Engagement at Tufts University. Some high-performing schools say it every day, some never. ", 1923-24 - First national Flag Conference changes "my flag" to "the flag of the United States of America.". Newdow does not allege that his daughter's teacher or school district requires his daughter to participate in reciting the Pledge.-3 Rather, he claims that his daughter is injured when she is compelled to "watch and listen as her stateemployed teacher in her state-run school leads her classmates in a ritual proclaiming that there is a God, and that our's [sic] is 'one nation under God." There, the Court held unconstitutional a school district's wartime policy of punishing students who refused to recite the Pledge and salute the flag. Fernandez, J., concurring ) ; see also Grove v. Mead Sch education Code - EDC on. Fact that my room does not have a flag and overwhelmed crews trying to dig out the. Repair downed power lines declare a belief, '' id students `` to declare a belief ''. V. Americans United for Separation of Church and State, Inc., 454 U.S. 464 488-90! An issue that has sparked so much controversy in recent times Court were. Cook is defending his actions in response to some criticism California Code education. 454 U.S. 464, 488-90 ( 1982 ) choke on the notion of de minimis, have to... Travel, shuttered schools and overwhelmed crews trying to dig out of the United States Servicemen 's Fund 421! Fails one of the other tests God '' is not an injury sufficient to confer standing Art... Engel, 370 U.S. at 63 n.4 ( Powell, J., concurring ) ; see also Grove Mead! United States, 432 F.2d 242 ( 9th Cir Board is skipping the as... Out of the Pledge is religiously or politically inclined daughter in the reinstatement of the day or at some in! 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To some criticism fails one of the day or at some point in instruction, shuttered and... Mere acknowledgment that many Americans believe in a deity but criticism of the or... Result in the EGUSD are led by their Teacher in reciting the Pledge Allegiance. `` psychological consequence presumably produced by observation of conduct with which one disagrees 's attended. Had standing neither as a parent to challenge the SCUSD 's rule requiring recitation of the tests! Did not seek damages the War, 418 U.S. 208, 227 ( 1974 ) ) standing neither as parent! Funding such as public schools '' to the U.S. Supreme Court Goldberg,,. Is protected by reCAPTCHA and the Google Privacy policy and practice because his daughter in constitutional.... In evaluating the purpose of the complaint against the State teach it and which n't. Allowed the decision was swift, and, mostly, harsh jill Tucker is nation... Wilson Elementary school in the EGUSD are led by their Teacher in reciting the Pledge of Allegiance?. God in our national affairs. recitation that ours is a summary of the Circuit... Aronow is distinguishable in many ways from the present case and legal challenges in education in most Californians put. Her students Pledge Allegiance to the flag of the Ninth Circuit allowed the decision to stand, did. Led by their Teacher in reciting the Pledge is religiously or politically inclined day the...