Delaware Liberal

Delaware Requires Public School Teachers and Administrators to Force Students to Recite the Pledge of Allegiance

When I was researching the post, Mandating Post Labor Day School Starts is Wrong, I stumbled upon this archaic law in the Delaware Code.

§ 4106 Failure to require salute and pledge; penalty.

When the Department of Education has procured and distributed American flags in each free public school, any principal or teacher of such free public school who fails to require the salute and pledge as set out in § 4105 of this title shall be fined not more than $50 or imprisoned not more than 10 days.

(34 Del. Laws, c. 180, § 3; Code 1935, § 2761; 14 Del. C. 1953, § 4107; 71 Del. Laws, c. 180, § 171.)

So, if I read this correctly, the law makes public school teachers and administrators force students to salute and pledge the US flag. It is very strange that there are no religious exceptions in this code.

Also, strange, that this law is still on the books. How hasn’t the ACLU worked with a public school student to strike this law unconstitutional?

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