Code of Alabama

Ala. Code § 16-43-5 (2026)

Pledge of Allegiance to Be Conducted at the Beginning of Each School Day.

✓ official Alabama Legislature (ALISON) text, current July 2026

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The pledge of allegiance to the United States flag shall be conducted at the beginning of each school day and all students attending public kindergarten, primary, and secondary schools shall be given the opportunity each school day to voluntarily recite the pledge of allegiance to the United States flag. A student who refuses to recite the pledge of allegiance may not be punished or penalized for that refusal.

(Acts 1976, No. 360, p. 425; Act 2019-241, §1.)

Notes of Decisions

Cited in 3 cases, 2001–2004 · leading case: Holloman Ex Rel. Holloman v. Harland, 370 F.3d 1252 (11th Cir. 2004).

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Holloman Ex Rel. Holloman v. Harland, 370 F.3d 1252 (11th Cir. 2004). “Code § 16-43-5 provides, “The State Board of Education shall afford all students attending public kindergarten, primary and secondary schools the opportunity each school day to voluntarily recite the pledge of allegiance to the United States flag.” (emphasis added). State law…”

Holloman v. Walker Cnty. Bd. of Educ., 334 F. Supp. 2d 1286 (N.D. Ala. 2001). · cites it 2× “Pursuant to Alabama Code § 16-43-5, “The State Board of Education shall afford all students attending public kindergarten, primary and secondary schools the opportunity each school day to voluntarily recite the pledge of allegiance to the United States flag.”

Unknown, 597 F.3d 1007. “See Ala. Code § 16-43-5 (2001); Alaska Stat. § 14.”

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