Although the parties join issue on many fronts, a single fundamental question underlies their disa- greements: whether the Court will hold true to prece- dents “protecting freedom of conscience from subtle co- ercive pressure in the elementary and secondary pub- lic schools.” Lee v. Weisman, 505 U.S. 577, 592 (1992).
In a deservedly famous opinion, Justice Jackson did exactly that: “We think the action of the local au- thorities in compelling the flag salute and pledge transcends constitutional limitations on their power and invades the sphere of intellect and spirit which it is the purpose of the First Amendment to our Consti- tution to reserve from all official control.” W. Va. State Bd.
As Justice Jackson explained in Barnette: “That they are educating the young for citizenship is reason for scrupulous protec- tion of Constitutional freedoms of the individual, if we are not to strangle the free mind at its source and teach youth to discount important principles of our government as mere platitudes.” 319 U.S. at 637.
Simply stated, “[s]chools cannot expect their students to learn the lessons of good citizenship when the school authorities themselves disregard the fundamental principles underpinning our constitutional freedoms.” Doe v. Renfrow, 451 U.S. 1022, 1027-28 (1981) (Bren- nan, J., dissenting from denial of petition for a writ of certiorari); see also Justin Driver, The Schoolhouse Gate: Public Education, the Supreme Court, and the Battle for the American Mind 5, 12 (2018).
This reality has shaped sentencing and capital punishment doctrines, which recognize that children “are more vulnerable or sus- ceptible to negative influences and outside pressures, including peer pressure.” Roper v. Simmons, 543 U.S. 551, 569 (2005); see also Miller v. Alabama, 567 U.S. 460, 472-73 (2012); Eddings v. Oklahoma, 455 U.S. 104, 115-16 (1982).