By Michael Imber, Tyll van Geel
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Closely related to the issue raised in Smith is the question of whether it is permissi ble for schools to display images and symbols of fictional or hypothetical supernatural beings or to read materials concerning magic, fantasy, and the supernatural. 56 Despite these rul ings, some school boards and schools have adopted policies banning all mention of the supernatural in the classroom. Such a ban may be legally impermissible if its purpose is to make the curriculum consistent with religious beliefs.
Since Barnette, schools have been prohibited from insisting that students partici pate in flag salutes or other patriotic ceremonies. 65 Whether it is permissible to include a flag salute in a school's daily program, as many schools do and some states require, has become controversial in recent years. 66 But the Ninth Circuit has concluded that the use of the Pledge in public schools does violate the Establishment Clause. The court found that the phrase "under God" had both the purpose and primary effect of promoting religion and that in a FREE SPEECH AND RELATED OBJECTIONS TO PROGRAMS AND POLICIES 33 school setting, there was inevitable coercion to participate in the flag-salute ceremony.
65 Whether it is permissible to include a flag salute in a school's daily program, as many schools do and some states require, has become controversial in recent years. 66 But the Ninth Circuit has concluded that the use of the Pledge in public schools does violate the Establishment Clause. The court found that the phrase "under God" had both the purpose and primary effect of promoting religion and that in a FREE SPEECH AND RELATED OBJECTIONS TO PROGRAMS AND POLICIES 33 school setting, there was inevitable coercion to participate in the flag-salute ceremony.