See You at the Pole

In the U.S., school-sponsored prayers in public schools have been found unconstitutional, but prayers organized by students themselves are allowed and protected by free speech rights.[3] The organization advocating and guiding student participation in SYATP events insists that they be exclusively student-initiated and led without official endorsement or interference, according to rights affirmed by the Tinker v. Des Moines Independent Community School District decision of the U.S. Supreme Court—as well as a 1995 Clinton administration assignment of the President's Secretary of Education for legalization of particular school religious activities as long as they passed constitutional guidelines. The American Civil Liberties Union also approves of student-led SYATP events held before or after school, provided the school neither encourages nor discourages participation.

Pastors, teachers, and other adults are often involved, and critics say that SYATP events often are only nominally student-led.[3]

In 2006, school officials at South Floyd High School in Floyd County, Kentucky tried to deny students permission for the flag pole rally, but attorneys from the Rutherford Institute successfully argued that the rally was protected by free speech rights. "It's important that students, teachers and others know about their right to participate in See You at the Pole events—a right affirmed by the U.S. Supreme Court," said John W. Whitehead, president of the Rutherford Institute, in a released statement. "The rallies are part of a long tradition of free and equal participation in expressive activities guaranteed by our Constitution."[4]

In the case of Doe v. Wilson County School System (M.D. Tenn. 2006, pending), the ACLU alleged that a parent group promoted the SYATP event and a National Day of Prayer with support from the school. Support for SYATP was one of several religious endorsements alleged in the case, along with sing-along prayers, hymns, and a Nativity play.