Law Commons^™

Of Christmas Trees And Corpus Christi: Ceremonial Deism And Change In Meaning Over Time, B. Jessie Hill

Faculty Publications

Although the Supreme Court turned away an Establishment Clause challenge to the words “under God” in the Pledge of Allegiance in Elk Grove Unified School District v. Newdow, the issues raised by that case are not going away anytime soon. Legal controversies over facially religious government speech have become one of the most regular and prominent features of Establishment Clause jurisprudence – and indeed, a second-round challenge to the Pledge of Allegiance is currently percolating, which is likely to result in resolution by the Supreme Court.

That resolution will depend on an understanding of the social meaning of the practice …