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First Amendment

The Catholic University of America, Columbus School of Law

1972

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Full-Text Articles in Law

Flag Salute, Patriotic Exercises, And Students’ Rights, William A. Kaplin, Edward P. Jesella Jr. Jan 1972

Flag Salute, Patriotic Exercises, And Students’ Rights, William A. Kaplin, Edward P. Jesella Jr.

Scholarly Articles

The public school system is the major American social institution responsible for the transmission of our democratic heritage to present and future generations. In fulfilling this responsibility, the schools often confront problems involving their duty to inculcate students with a sense of patriotism. Probably the most controversial questions have concerned compulsory flag saluting and participation in patriotic exercises. Can a school demand that students salute the flag?

Questions such as this arise under circumstances where students, allegedly exercising First Amendment rights, clash with school authorities engaged in the promulgation and enforcement of school rules. This interplay of educational order and …