Delaware Requires Public School Teachers and Administrators to Force Students to Recite the Pledge of Allegiance
When I was researching the post, Mandating Post Labor Day School Starts is Wrong, I stumbled upon this archaic law in the Delaware Code.
§ 4106 Failure to require salute and pledge; penalty.
When the Department of Education has procured and distributed American flags in each free public school, any principal or teacher of such free public school who fails to require the salute and pledge as set out in § 4105 of this title shall be fined not more than $50 or imprisoned not more than 10 days.
(34 Del. Laws, c. 180, § 3; Code 1935, § 2761; 14 Del. C. 1953, § 4107; 71 Del. Laws, c. 180, § 171.)
So, if I read this correctly, the law makes public school teachers and administrators force students to salute and pledge the US flag. It is very strange that there are no religious exceptions in this code.
Also, strange, that this law is still on the books. How hasn’t the ACLU worked with a public school student to strike this law unconstitutional?
“Unconstitutional” takes money, and a good bit at that. Pity as there are many more laws like this that are left overs from the past. Dare say it has not been enforced in living memory.
@bamboozer, it’s not enforced on the teachers and administrators. It is enforced on the students who have no voice. Here’s a Reddit post that details such an incident.
Read this rest of it at Reddit if your interested.
This is the least of our worries right now.
When was this law enacted? My guess, in the 1950’s. I assume this law is not enforced today.
1925
@DD, it is not being technically enforced, but it as I mentioned earlier in the comments, teachers and administrators are making students stand and recite the Pledge of Allegiance today.
@Puck, I guess freedom of religion is not an issue for you.
So nemski, go ask a legislator to introduce a bill removing this law, and let us know what they say.
@puck, you’re the one that said this was “the least of our worries right now”, so I’m wondering where you draw the line.
Critically ill Muslim infants being blocked from getting life saving treatment vs forcing kids who arent even really awake to stand up and mumble for 20 seconds……..
It’s a non-enforced law in a blue state. A Neo Nazi is running the WH.
Yeah, I’m gonna put this one in the “we’ll deal with it after the imminent threat of WW3 and another mass genocide are dealt with column.
Most of us can walk and chew gum at the same time. You take on the stuff you can take on.
Yes, our focus must be on the Fascist in the White House.
That hardly means we can’t or shouldn’t focus on other areas where we can have an impact.
I think those of you that are fine with this law really need to read and understand Jason330’s “Culture Beats Strategy” because you don’t get it.
So we’ve got a 10-10 split in the Senate and you want to work a Pledge of Allegiance bill? Please…
yes, nemski. Being more concerned with Bannon than a mostly unenforced law that we didn’t even know about until it was recently dug up TOTALLY means we’re “fine with the law”. It’s the most important issue we face today. I’m glad the ACLU has their priorities in order.
No, it may not be the most important issue we face today, but all it takes is one Muslim or Mexican immigrant kid in some rural Sussex school incurring a teacher’s wrath by refusing to stand for the pledge and we’ve got a lawsuit that meshes nicely with the whole nativist tidal wave.
Don’t bet against it happening.
I suspect that the law is unconstitutional (see West Virginia State Board of Education v. Barnette), and therefore void. It stays on the books, but can’t be enforced. There are tons of those on the books.
If you want to be concerned about one, look up abortion in the Delaware code. Then work on that.
http://delcode.delaware.gov/title24/c017/sc09/index.shtml
The spirit of the law is enforced by the teachers and administrators on students who have no voice. I don’t understand how commenters don’t get this fact.
I dont know about others, but I get it. I just dont care about it as much as other things. It’s maybe 10 on my list in a philosophical sense, It is much lower on a “actual things threatening people right now” scale. Thanks for bringing it up. If we still have the freedom to fight this stupid law once the Nazis are out of power, I’ll let you tell me what I need to do to fight it. Until then, the president just said he is the only source for truth and he is trying to commit genocide. That is what I care about.
It literally has been invalid since 1943. Sure, clean up the books and get this law removed, but I don’t see any imminent threats to this decision being overturned.
However, we have several abortion bans that have been passed in the past month that will be making their way through the court system in the next few years that may very well overturn Roe v. Wade.
Add to that that Trump is waging a war on immigration, national security, LGBTQ rights, the court system, Iran, Australia, Women’s rights, Islam, Mexico, voting rights and the intelligence community, and I can’t really see why we would go looking for laws that are unenforceable and invalid.
But go on with your windmill tilting. We’ll be over here defending democracy.
@lg, I didn’t understand it this way before. Thanks for pointing it out to me. Keep up the good fight.
https://www.youtube.com/watch?v=fUKO_Y6RqEk
Amen to Puck above!!
not everything liberals want is equally important. if we try to fight for everything we might not win anything. especially true for battles that might be non-starters for some moderates we need on our side against an authoritarian kleptocracy. let the more marginal things come later if they have to. not letting the perfect be the enemy of the good sort of thing.
Free Leonard Peltier !!
Legalize adrenochrome!
Ben for the HST win!
You better pray to God there’s some Thorazine in that bag.
We really need loyalty oaths. In public, after mandatory public prayer