by Kelly Himes Brolly, author of “Laws, Rules, and Rights: A Guide to Protecting Children in Public Schools,” Double Umbrella Publications, LLC (2023).
Our Federal and State Constitutions
As we approach our nation’s 250th Anniversary, perhaps we should consider the importance of the U.S. Constitution, as well as our state constitutions. Additionally, we should take this opportunity to give our state loyalty oaths a second look, especially those that apply to our public school teachers.
What is a Loyalty Oath?
A loyalty oath is a formal pledge made by an individual to show allegiance to a government or constitution. They date back to ancient Rome and have been part of our nation’s history since its founding. Loyalty oaths are still used today, especially when individuals are employed by federal, state, and local government, and their agencies.
Loyalty Oaths That Apply to All Government Employees
In the United States, loyalty oaths are required in virtually every state for certain government employees, including teachers and state university professors.
In 1972, the U.S. Supreme Court held that Massachusetts’ loyalty oath for government employees was constitutional and did not violate the First Amendment.1 In other words, states can require government employees to support the U.S. Constitution and oppose its overthrow. The Massachusetts loyalty oath stated:
“I do solemnly swear (or affirm) that I will uphold and defend the Constitution of the United States of America and the Constitution of the Commonwealth of Massachusetts and that I will oppose the overthrow of the government of the United States of America or of this Commonwealth by force, violence, or by any illegal or unconstitutional method.”[1]
The question is: what do our state and local governments require of their employees and should they require more?
Raising the Standard for All Government Employees
In honor of nation’s anniversary, we should examine our states’ loyalty oaths to consider whether they can be improved or strengthened. For example, Georgia’s loyalty oath is required of virtually all government employees and specifically includes “school districts, and local educational systems throughout the entire state.” ² Georgia’s loyalty oath states:
“I, __________ (Name) a citizen of __________ and being an employee of __________ and the recipient of public funds for services rendered as such employee, do hereby solemnly swear and affirm that I will support the Constitution of the United States and the Constitution of Georgia.”³
Unfortunately, Georgia’s loyalty oath is general and only requires “support” for the federal and state constitutions. It does not say “uphold and defend” the Constitution, as in the Massachusetts loyalty oath, which the U.S. Supreme Court has already approved.
Perhaps Georgians can require more of our public employees. Perhaps we can ask our state legislators to revise our state loyalty oaths and include the phrases: “I will uphold and defend the Constitution of the United States of America and the Constitution of the State of _________, and “I will oppose the overthrow of the government of the United States of America or of this Commonwealth by force, violence, or by any illegal or unconstitutional method.”[1] If there was ever a time we needed this level of commitment, it is now.
Loyalty Oaths for Public School Teachers
States also have loyalty oaths for specific roles, such as school board members, superintendents, school officials, and teachers.⁴ Georgia’s local school superintendents must sign a detailed oath and post a bond of $50,000 to guarantee the faithful discharge of their duties.⁵ Other states and local agencies have loyalty oaths that are specific to their positions, and sometimes include additional requirements. In fact, the State of Michigan has a law that conditions state funding and tax-exempt status on all teachers and university professors having taken a loyalty oath.⁶
Additionally, there are school laws that support our state and federal constitutions. They are largely patriotic and in keeping with our nation’s founding documents. For example, Georgia has five school laws that specify what students are taught in history. Four of these school laws include “American History Recognition and Significant Documents Act,” “Display of Historically Significant Documents,” “Online Instructional Resources Relating to American History for Educators,” and “Coursework in the Founding Philosophy and Principles of the United States of America.” ⁷ Are they actually being taught? Georgia parents need to insist that their children are taught this history. If necessary, parents can ask their local school superintendents, who are charged with enforcing the state’s school laws, to do so.
The U.S. Supreme Court: High Standards for Teachers
Moreover, the U.S. Supreme Court has acknowledged the states’ broad powers over public school teachers. In one case, the Court addressed the states’ right to require teachers of “good moral character and patriotic disposition” and that the students are taught “good citizenship” and nothing “inimical [harmful or hostile] to the public welfare.” ⁸ The Court stated:
“No question is raised concerning the power of the State reasonably to regulate all schools, to inspect, supervise and examine them, their teachers and pupils; to require that all children of proper age attend some school, that teachers shall be of good moral character and patriotic disposition, that certain studies plainly essential to good citizenship must be taught, and that nothing be taught which is manifestly inimical [harmful or hostile] to the public welfare.” ⁸
We are light-years away from this standard. It is time to look at our state universities, where future teachers are taught.
Raising the Standard for State University Teaching Programs
State universities nationwide have “Schools of Education,” that grant college degrees to our future teachers. Many of these teachers will go on to teach in public schools, where 90% of the nation’s children are educated.⁹ Yet, if the professors in these Schools of Education are teaching content that undermines our state and federal constitutions, they are failing us. They are also failing the state and federal governments that fund them. Furthermore, they are failing the students and their families who pay a hefty price tag to attend. The same is true of continuing education programs for teachers.
While we all appreciate the intellectual freedom associated with state universities generally, our state university Schools of Education have a unique duty: to prepare educators who can meet the standard outlined above. They are also required to prepare future teachers to educate students in the state’s public schools, which are governed by the state’s school laws. These state school laws include loyalty oaths for public school officials and teachers. It appears that they are not fulfilling their responsibilities to the states or to the people, and this needs to change.
University Professors Who Undermine Our Democratic Process
To the extent that professors in the Schools of Education are trying to subvert our democratic process and bring about change from the bottom up through new teachers, they too should be held accountable. Education is a matter of state law. Changes to our public schools are made through our state constitutions and state school laws. These laws are then extended down through regulations enacted by the state boards of education, then through policies adopted by the local boards of education, then through rules established at the local public school, and then they are applied in the classrooms by the teachers. Our democratic process does not allow the chain of command to work in reverse. It does not allow teachers to indoctrinate our children with ideas that go against our state school laws, and our state and federal constitutions. In other words, professors who are not adhering to their state’s loyalty oath, should be held accountable. Whether by students, parents, university leadership, or government officials, something needs to change.
Our 250th Anniversary: Requiring More of Teachers
What does this mean for government employees generally, and public school teachers specifically? It means that their character and actions matter, and they can be held to a higher standard, particularly when they are teaching our children. Whether it is through changes to the states’ loyalty oath for public employees, changes to specific laws governing public school teachers, changes to local school policies, or changes to government employment contracts, we can require greater loyalty to our state and federal constitutions from our government employees, especially those who educate our children.
To learn how to navigate the school laws and public school systems in all 50 states, and to learn about your parental rights, right to free exercise of religion, and right to freedom of speech, purchase, “Laws, Rules, and Rights: A Guide to Protecting Children in Public Schools,” Double Umbrella Publications, LLC (2023), by Kelly Himes Brolly.
Disclaimer: This article is for educational purposes only. No information contained in this article should be construed as legal advice, does not create an attorney-client relationship, nor is it intended to be a substitute for legal counsel on any subject matter. Readers are encouraged to contact an attorney in their jurisdiction with any questions.
Kelly Himes Brolly is an attorney, author, consultant, and the Managing Member of Double Umbrella Publications, LLC, d/b/a Double Umbrella Consulting. She is admitted to practice law in three states and in several federal court jurisdictions, including the Supreme Court of the United States.
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1 Cole v. Richardson, 405 U.S. 676 (1972). See also Baggett v. Bullitt, 377 U.S. 360 (1964), where the U.S. Supreme Court struck down a loyalty oath for state employees due to vagueness, which caused it to fail under the First Amendment analysis.
² O.C.G.A. § 45-3-11 (“All persons who are employed by and are on the payroll of the state and are the recipients of wages, per diem, or salary of the state or its departments and agencies, with the exception of pages employed by the General Assembly, and all counties and cities, school districts, and local educational systems throughout the entire state, are required to take an oath that they will support the Constitution of the United States and the Constitution of Georgia.”). O.C.G.A. § 45-3-12 (“The loyalty oath required by Code Section 45-3-11, this Code section, and Code Sections 45-3-13 through 45-3-15 shall apply to all elected officers of this state, including the Governor, constitutional officers, elected officials of any political subdivision of the government of Georgia, and local school board officials.”).
³ O.C.G.A. § 45-3-13.
⁴ This is no surprise because the right to a public education is guaranteed by each state’s constitution and is a matter of state law. San Antonio v. Rodriguez, 411 U.S. 1 (1973); Brown v. Bd. of Educ., 347 U.S. 483, 493 (1954). See also, Wisconsin v. Yoder, 406 U.S. 205, 213 (1972) (stating that “[p]roviding public schools ranks at the very apex of the function of a state”).
⁵ O.C.G.A. § 20-2-5; O.C.G.A. § 20-2-103; O.C.G.A. §§ 20-2-32 and 20-2-34; and O.C.G.A. §§ 20-2-104 and 20-2-109.
⁶ MI Comp L §§ 388; 388.401; 388.402.
⁷ O.C.G.A. § 20-2-1020; O.C.G.A. § 20-2-1021; O.C.G.A. § 20-2-1022; and O.C.G.A. § 20-2-142.1.
⁸ Pierce v. Society of Sisters, 268 U.S. 510, 534 (1925).
⁹ Pew Research Center online at https://www.pewresearch.org/short-reads/2024/06/06/us-public-private-and-charter-schools-in-5-charts/. Charter schools are a type of public school, and are funded by taxpayer dollars. Therefore, in 2021-2022, 90% (83% in traditional public schools plus 7% in charter schools) of the children nationwide were educated in public schools in 2021-2022.
