In the third episode of the High School SCOTUS podcast, Elise and Hannah discuss when students have the right to opt out of school-led speech. They review two World War II-era cases: Minersville School District v. Gobitis and West Virginia State Board of Education v. Barnette. Both Gobitis and Barnette, heard only three years apart, considered whether schools could require that students participate in the Pledge of Allegiance. Gobitis said yes; Barnette said no. Listen to find out more!

Mentioned in this episode:

Strict Scrutiny: the highest standard of review, requiring states to prove that their laws further a compelling government interest and are narrowly-tailored to that interest.

Minersville School District v. Gobitis

West Virginia Board of Education v. Barnette

Recommended reading:

Not Such a Fixed Star After All: West Virginia State Board of Education v. Barnette, and the Changing Meaning of the First Amendment Right Not To Speak (Genevieve Lakier, Chicago Unbound)

Reconsidering Gobitis: An Exercise in Presidential Leadership (Robert L. Tsai, Washington University Law Review)

The history of legal challenges to the Pledge of Allegiance (Scott Bomboy, National Constitution Center)