This article was originally published in West Virginia Watch.
Six West Virginia schools were notified Thursday that policies in their student handbooks could violate students’ First Amendment rights by requiring them to participate in certain activities, such as showing up for flag-raising ceremonies and the Pledge of Allegiance and the doffing of hats for the national anthem, among other things.
The notice – sent as a letter to schools – came from the West Virginia chapter of the American Civil Liberties Union on the 81st anniversary of the historic West Virginia State Board of Education v. Barnette case. In 1949, the U.S. Supreme Court ruled in that case that students cannot be forced or coerced to salute a flag or recite the pledge in schools. According to the case, policies that direct otherwise are a clear violation of students’ freedom of expression.
“The Constitution offers Americans protections to freely express our beliefs and ideas. That protection extends beyond the written and spoken word; it also extends to symbolic statements,” ACLU-WV Legal Director Aubrey Sparks wrote in the letter. “A powerful way for people to express themselves is by choosing to remain silent when everyone else agrees, or to remain seated when everyone else stands. Barnette codified that right. Students still have that right in schools today.”
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According to a news release, ACLU staff reviewed the student handbooks of all schools in the state to ensure their policies were consistent with the rulings in Barnette.
Schools that received the letters saying the policy violates the law are: Calhoun Middle/High School, Riverside High School in Kanawha County, Summers County Comprehensive High School, Richwood High School in Nicholas County, Sissonville Middle School in Kanawha County and John Adams Middle School, also in Kanawha County.
The policy in the student handbook varies by school.
For example, Riverside High requires students to stand and remove their hats during the national anthem and flag ceremonies held during extracurricular activities.
At Sissonville and John Adams high schools, the textbooks require students to keep the Pledge of Allegiance during class. If they do not recite the Pledge, they must remain silent.
The letters sent Thursday urge leaders of the schools listed to review their policies in light of the Barnette ruling and adjust them as necessary to “ensure they meet constitutional obligations.” ”
“Schools are often the first place where students learn about their civic responsibilities, their constitutional rights and the importance of being brave enough to give speeches that are not always popular,” Sparks wrote in the letter. “The First Amendment exists to protect the diversity of thought and expression, which are essential components of a thriving democratic society. Protecting free speech in public schools is of paramount importance, something that was established eighty-one years ago by the Supreme Court in West Virginia v. Barnette.”
West Virginia Watch is part of States Newsroom, a nonprofit news network supported by grants and a coalition of donors as a 501c(3) public charity. West Virginia Watch maintains editorial independence. If you have any questions, please contact editor Leann Ray: info@westvirginiawatch.com. Follow West Virginia Watch on Facebook and X.
