Aren't we missing the obvious point here? It may be that certain government employees or even bar members are required to take the pledge pursuant to their employment or bar membership, but it seems a pretty clear violation of the First Amendment under West Virginia State Board of Education v. Barnette to require school children to pledge allegiance to the U.S. or Texas flags.
Lauren Gilbert Assistant Professor of Law St. Thomas University School of Law -----Original Message----- From: Paul Finkelman [mailto:[EMAIL PROTECTED] Sent: Monday, June 16, 2003 1:09 AM To: [EMAIL PROTECTED] Subject: Texas Pledge of Allegiance I received the follow question from an English professor in one of the Texas state colleges. I wonder what people on this list think of the law law and her question: "The state legislature passed a law this session that mandates schoolchildren pledge an allegiance to the Texas flag as well as the US flag each morning. It goes: "Honor the Texas flag; I pledge allegiance to thee, Texas, one and indivisible." My question is this: if I pledge allegiance to Texas, am I not then nullifying my pledge to the US? Do I not, by pledging allegiance to one state, NOT pledge any allegiance to the other 49? This seems unconsitutional to me, but then what do I know? " -- Paul Finkelman Chapman Distinguished Professor of Law University of Tulsa College of Law 3120 East 4th Place Tulsa, OK 74104-3189 918-631-3706 (office) 918-631-2194 (fax) [EMAIL PROTECTED]
