“The Supreme Court ruled in 1943 that public schools may not constitutionally force students to salute the flag,” Lee Rowland, a First Amendment attorney who works with the ACLU, told The Intercept. “That ruling is crystal clear about a student’s right not to be compelled into patriotism by their government, and it is over 70 years old.”
The ruling that Rowland references came after many Jehovah’s Witnesses in the United States began to refuse to salute the flag in solidarity with their brethren in Nazi Germany who were being arrested for refusing to salute that country’s fascist flag.
The action by the American Jehovah’s Witnesses provoked a backlash, and a number of followers of the faith were persecuted for refusing to salute. In West Virginia, a family of Jehovah’s Witnesses brought suit after their children were sanctioned for doing so.
The court ruled in favor of the family. In his opinion, Supreme Court Justice Robert Jackson wrote, “Compulsory unification of opinion achieves only the unanimity of the graveyard.”