What the Supreme Court Says About Sitting Out the National Anthem
Some public schools are telling student-athletes they can't kneel during the anthem – but that's unconstitutional
By David S. Cohen
The Supreme Court very forcefully declared that punishing students for not participating in the Pledge of Allegiance was unconstitutional. The decision had nothing to do with the students' religion and everything to do with their constitutional right to freedom of speech. As the Court wrote, in language that has become one of the most important principles of modern free speech law:
"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."
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