CONSTITUTIONAL LAW - RELIGIOUS FREEDOM - COMPULSORY SALUTE AND PLEDGE OF ALLEGIANCE TO FLAG BY SCHOOL CHILDREN -VALIDITY

Authors

Dan K. Cook, University of Michigan Law SchoolFollow

Abstract

A Massachusetts statute imposed a duty upon each public school teacher to lead his pupils, at least once each week, in a salute and pledge of allegiance to the flag. Petitioner was in his third year as a pupil in the public schools, and, in obedience to his father's commands, refused to participate in the salute and pledge. For such refusal, the school committee expelled the petitioner from the school, and he thereupon submitted a petition for a writ of mandamus, to compel his readmission to the school. Held, that the writ be denied, inasmuch as the statute did not infringe on constitutional provisions providing for religious freedom. Nicholls v. Mayor and School Committee of Lynn, (Mass. 1937) 7 N. E. ( 2d) 577.

Recommended Citation

Dan K. Cook, CONSTITUTIONAL LAW - RELIGIOUS FREEDOM - COMPULSORY SALUTE AND PLEDGE OF ALLEGIANCE TO FLAG BY SCHOOL CHILDREN -VALIDITY, 36 Mich. L. Rev. 485 (1938).
Available at: https://repository.law.umich.edu/mlr/vol36/iss3/13