The history of legal challenges to the Pledge of Allegiance
June 14, 2023 | by Scott Bomboy
The pledge has existed in some form since September 1892
when it appeared in a magazine article that commemorated the 400th anniversary of Christopher Columbus’s arrival in the New World.
Francis Bellamy, an ordained minister, created a pledge that would be taken on Columbus Day by millions of school children. His version did not mention the words “under God”:
“I pledge allegiance to my flag and the Republic for which it stands—one Nation indivisible—with liberty and justice for all.”
Bellamy added an extra word, “to,” before “the Republic,” but other school officials modified the pledge over the years. Two historical groups added “to the flag of the United States of America.”
In 1942, President Franklin D. Roosevelt signed a “Flag Code” law passed by Congress that established rules for the display and care of the flag and included the Pledge.
The Supreme Court then took the unusual step of ruling against the Jehovah’s Witnesses in a legal fight against the Pledge and reversing its own ruling within three years.
First in 1940 in the case of
Minersville School District v. Gobitis, the Court held that a public school could force students who were Jehovah’s Witnesses to salute the flag and say the Pledge. 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, in 1943, the Court changed its course in West Virginia State Board of Education v. Barnette, where the majority reversed the Gobitis decision and held that “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.”
“If there is any fixed star in our constitutional constellation, it is that no official, high or petty, can prescribe what shall be orthodox in politics, nationalism, religion, or other matters of opinion or force citizens to confess by word or act their faith therein. If there are any circumstances which permit an exception, they do not now occur to us,” said Justice Robert Jackson in his opinion.
The history of legal challenges to the Pledge of Allegiance | Constitution Center