Limits
of Liberty Under Law:
the Pledge of Allegiance
A Toll-free Teleconference with Online Powerpoint
Registration is closed - thank-you!
2.0 live WA MCLE (approved)
$99 first att'y / $79 add'l att'y(s) (same line)
“One Nation, under God, indivisible . . .?” Memorized by most American school children even before they understand the words, the Pledge of Allegiance has frequently been the subject of controversy and litigation. We will examine the history of the Pledge, and measure its constitutionality under the First Amendment guarantees of freedom of expression, protection against establishment of religion, and free exercise of religion. Then we will consider how treatment of the Pledge has changed over time, and the limits of law in protecting minority rights against overwhelmingly popular support for the pledge.
Faculty: Michael Schein, WSBA 21646, former adjunct Professor of American Legal History, Seattle University School of Law; former member of Speakers’ Bureau of ACLU of Washington; Of Counsel to Sullivan Law Firm (appellate litigation); Author of Bones Beneath Our Feet and Just Deceits:A Historical Courtroom Mystery.
To register for Pledge of Allegiance:
First Attorney ($99):
Add'l Attorney (same line) ($79):
Notice to Registrants: About 24 hours prior to the start time of your CLE, you will receive an email with instructions for accessing the CLE, and course materials. If you sign up within the last 24 hours, you will receive this email prior to the start time of the CLE.
Schedule - Feb. 24
3:00-3:20 History and Evolution of the Pledge. We will look at the origins of the Pledge, how the language has evolved and been changed by legislation over the years, and the development of state provisions such as RCW 28A.230.140.
3:20-3:40 World War II Jurisprudence on the Pledge. We will examine the first major Supreme Court treatment of the Pledge, and an even earlier similar decision of the Washington Supreme Court – both of which occurred during World War II.
3:40-4:00 The Pledge and First Amendment Freedom of Expression.We will examine more recent cases challenging the constitutionality of the Pledge under theories of forced expression and associational speech.
4:00 – 4:40 “Under God.” Did insertion of the words “under God” create an establishment of religion? How is this different from school prayer? Does compelled recitation of the Pledge violate the free exercise clause? We will focus this discussion primarily (but not exclusively) on the Ninth Circuit’s series of Newdow decisions.
4:40 – 5:00 The Pledge and the Limits of Liberty Under Law. Focusing on Holmes’ and Cardozo’s descriptions of the judicial process, we consider the challenges of trying to fairly adjudicate issues of this magnitude in the face of deeply held patriotic and religious values.
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