The Pledge of Allegiance has undergone several changes since its creation in 1892, including the addition of the words "under God" in 1954. While not mandatory until 1942, the Supreme Court first addressed reciting the Pledge in 1940, ruling students could be compelled to say it. However, in 1943 the Court reversed and found compulsory speech like this violated free speech rights. The phrase "under God" remains controversial, and the 9th Circuit has upheld the Pledge as constitutional, finding Congress' purpose was patriotic rather than religious.

1. Legal Daily News Feature
I Pledge Allegiance
By Joshua Nave
I pledge allegiance to the flag of the United States of America, and to the republic for which it stands, one nation, under God, indivisible,
with liberty and justice for all.
07/03/10 could be compelled to recite the oath, ruling against Jehovah’s
Witnesses who claimed that the practice consisted of idolatry
We all know the words, and most and violated their First Amendment rights. The case was short
of us know that the words ‘’under lived however, and in 1943 the Court reversed itself in West
God’’ were not a part of the original Virginia State Board of Education v. Barnette. In the latter
pledge. But do you know that that isn’t the only way in which case, the Court avoided the issue of religious freedom and
the pledge has changed since its inception? In light of this ruled instead that the free speech clause prevented compulsory
weekend’s celebration, it seems an appropriate time to brush speech of this type for anyone. Writing for the majority, Justice
up on the history, cultural, legislative and legal, of America’s Robert Jackson, who was recently held up as a role model by
oath. Elana Kagan in her confirmation hearings, said “[i]f there is any
fixed star in our constitutional constellation, it is that no official,
The Pledge of Allegiance was the brainchild of a Baptist minister high or petty, can prescribe what shall be orthodox in politics,
named Francis Bellamy, who wrote it to encourage the growth nationalism, religion, or other matters of opinion or force
of civic pride in America’s youth. In addition to being a minister, citizens to confess by word or act their faith therein.”
Bellamy was a Christian Socialist, part of the liberal branch of
Christianity that believes the principles of faith are interwoven The final change to the Pledge came in 1954 with the addition
with the philosophies behind socialism. In its original form of the words ‘’under God’’, although the Knight’s of Columbus
the pledge read ‘’I pledge allegiance to my Flag and to the and other groups began incorporating that language into their
Republic for which it stands, one nation indivisible, with liberty own recitations as early as 1951. Officially, the phrase was
and justice for all.’’ A month after he published it, the pledge added by a joint resolution of Congress amending the Flag
was said in public schools under a proclamation by President Code.
Benjamin Harrison. It was accompanied originally by a hand
salute consisting of an outstretched arm and a flat palm, but Controversy over the inclusion of God in the Pledge persists
after Germany adopted a similar salute President Franklin to this day. Last week a billboard erected by an atheist
Roosevelt insisted on changing it to the familiar hand over the organization containing the phrase ‘’One nation indivisible’’ was
heart gesture, which Congress codified as part of the Flag Code vandalized, with the words ‘’under God’’ spray painted on to
in 1942. the sign. The Supreme Court has thus far avoided weighing in
on the issue, however. The Court did consider a case brought
The first change to the text of the Pledge came in 1923 when in 2002 by Michael Nedow. Nedow’s daughter was taught the
the words ‘’my Flag’’ were replaced with ‘’the flag of the United pledge in school, and he argued that it was a violation of the
States’’. The change was intended to help new immigrants shift establishment clause. The 9th Circuit agreed and in 2004 the
their loyalty to their adopted country. One year later the words case made its way to the Supreme Court. Rather than rule on
‘’of America’’ were tacked on. the merits, the Court said that Nedow lacked standing to raise
the issue because he was not the custodial parent. Nedow, who
Although not officially recognized as the national oath until continues to agitate for atheist causes like removing the phrase
Congress passed the Flag Code in 1942, the Supreme Court ‘’In God we trust’’ from US currency, is also an attorney and
weighed in on it as early as 1940. In the first challenge brought continues to fight for his belief that the Pledge in its current
against mandatory recitation of the Pledge of Allegiance, the form violates the establishment clause when taught in public
Court held in Minersville School District v. Gobitis, that students schools. He suffered a reversal however in March of this year
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2. Legal Daily News Feature
when the 9th Circuit again took up the issue in Newdow v. Rio Pledge is one of allegiance to our Republic, not of allegiance to
Linda Union School District. This time, after examining a line of the God or to any religion. Furthermore, Congress’ ostensible
establishment clauses from the Supreme Court, the 9th Circuit and predominant purpose when it enacted and amended the
held the pledge to be constitutional, saying ‘’...we find the Pledge over time was patriotic, not religious.’’
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