Newdow v. Rio Linda Union School Disctrict: Religious Coercion in Public Schools Unconstitutional Despite Voluntary Nature of Partially Patriotic Activity

This Note examines Newdow v. Rio Linda Union School District and explains why California Education Code Section 52720 and the School District’s policy of reciting the Pledge violate the Establishment Clause. Part I discusses the background facts and procedural history of the case and the three tests that were developed by the United States Supreme Court to analyze Establishment Clause challenges. Part II examines the Ninth Circuit’s application of the three Establishment Clause tests to the facts of this case. Finally, Part III explains why the Coercion Test is the determinative test in the context of government action in public schools and why California Education Code Section 52720 and the School District’s policy fail this test