Aletho News

ΑΛΗΘΩΣ

Student Harassed by Teacher for Not Standing for Pledge

Standing Up for the Right to Sit Down

ACLU | February 23, 2010

GERMANTOWN, MD – Despite free speech guarantees in the Bill of Rights, state law, and in the Montgomery County School System’s student guide, the American Civil Liberties Union of Maryland (ACLU) has had to take action on behalf of a middle school student who was harassed and humiliated by a teacher for declining to stand and recite the Pledge of Allegiance. In a letter sent February 5 to Khadija F. Barkley, Acting Principal of Roberto Clemente Middle School, the ACLU details why what was done to the traumatized student was wrong and humiliating, and seeks an apology and education on the meaning and importance of the First Amendment.

“The law is crystal clear that a public school cannot embarrass or harass a student for maintaining a respectful silence during the Pledge of Allegiance,” said Ajmel Quereshi, an attorney for the ACLU of Maryland. “While expression of patriotism in unsettling times is a worthy and admirable emotion, the Supreme Court says that patriotism is best honored by venerating the civil liberties enshrined in the Constitution and not by punishing or ridiculing those whose views might differ from our own.”

On January 27, a thirteen-year-old at Roberto Clemente Middle School chose neither to stand nor to speak during the school’s daily recitation of the Pledge of Allegiance. Instead, she sat quietly while students recited the Pledge. Her teacher demanded she stand for the Pledge. When she did not stand, the teacher ordered her to leave the classroom and stand out in the hall. He threatened to give her detention for refusing to stand for the Pledge, and sent her to the counselor’s office. The next day, the student again declined to stand for the pledge. The teacher then called upon a school security officer to escort her out of the classroom and to the school counselor’s office. When the student’s mother reached out to an assistant principal for help in dealing with the teacher’s abusive and improper actions, the official said her daughter should instead apologize for her “defiance.” The student did apologize, twice.

However, the right of a student to refrain from participating during the Pledge has been settled law since 1943, when the Supreme Court held that students could not be forced to salute the flag. As the Court put it then, “If there is any fixed star in our constitutional constellation, it is that no official, high or petty, can prescribe what shall be orthodox in politics, nationalism, religion, or other matters of opinion or force citizens to confess by word or act their faith therein.” Here in Maryland, the State Court of Appeals, in 1871, struck down as unconstitutional a state law that required students to salute the flag. Maryland law now explicitly exempts from the Pledge of Allegiance “any student or teacher who wishes to be excused.”

In addition, the Montgomery County school system explicitly acknowledges the student’s right to act as she did in the student handbook provision concerning “Patriotic Exercises”:

“You will have the opportunity to participate in and/or watch patriotic exercises in school.

You cannot be required to say a pledge, sing an anthem, or take part in patriotic exercises. No one will be permitted to intentionally embarrass you if you choose not to participate.”

The young girl was so traumatized by her teacher’s humiliating and inappropriate reaction, that she has not felt comfortable returning to school until the situation is addressed. Faced with the school’s unwillingness to acknowledge that the teacher had acted improperly, the mother contacted the ACLU for assistance. Even more shockingly, following the ACLU’s letter to the acting principal pointing out the law, and seeking an apology and explanation to the class to ease the girl’s return, the school system’s lawyer responded that school officials would not meet with the mother if she brought an ACLU lawyer to the meeting.

Quereshi noted that “every other school system has moved quickly to resolve Pledge of Allegiance issues when the ACLU has contacted them on behalf of students. It is appalling that, in this case, the school is refusing to meet to resolve the issue, and thus keeping the traumatized victim out of school even longer than necessary.”

The ACLU of Maryland’s letter asks that the teacher personally apologize to the student, and promise to respect her right to respectfully dissent in the future. We further request that the assistant principal and teacher review with the class that witnessed this incident the county school policy on patriotic exercise, and explain that trying to force a student to salute the flag is wrong, and it should never have occurred. It is our hope that this incident can be used as an educational opportunity for both students and teachers – as has been done in other Maryland schools when Pledge issues have arisen.

CONTACT: Meredith Curtis, ACLU of Maryland, 410-889-8555; media@aclu-md.org

February 25, 2010 - Posted by | Civil Liberties, Full Spectrum Dominance, Militarism | , , ,

7 Comments »

  1. that teacher watches too much glenn beck

    Comment by sam | February 26, 2010 | Reply

  2. Free speech in no way means that what you say has to be honored by the rest of us—-we have the right to free speech, including the teacher, to call him a jackass. Louie

    Comment by Louis Calabro | February 26, 2010 | Reply

  3. Actually, on the job, many free speech rights are curtailed. One certainly has rights as a private citizen, but if you are a public school teacher, you are being paid to TEACH the students, not call them names.

    Also, the teacher did not have the right to have the student escorted out of the room by a security guard. The student did not break any school rules, teachers can’t kick kids out of class, because they disagree with them.

    IOW, teacher aren’t above the school rules.

    Comment by Nancy | March 13, 2010 | Reply

  4. Two Questions.
    To what extent is it legally imperative for a teacher to lead, conduct and/or participate in the same traditional morning classroom pledge of allegiance ritual as students? Has a teacher the identical right ad yhr student to quietly abstain from participation?

    Comment by troy | February 5, 2011 | Reply

  5. The pledge is socialist doggerel written by someone who wasn’t even involved in government. The fact that this nonsense has been debated by the robed quacks in DC, and that impressionable schoolchildren are being goaded by government employees in government indoctrination centers to pledge allegiance to the state, makes me want to heave up my bootheels. Why is this nonsense tolerated by parents at all? Because they were brainwashed in the same indoctrination centers? Leave this crap for the children in Cuba or North Korea, OK?

    Comment by Big M | November 21, 2011 | Reply

    • I would characterize it as totalitarianism rather than “socialism”. Socialism is an economic system whereas totalitarianism defines a system of social order.

      Totalitarian systems of social order exist in conjunction with capitalist “free market” economic systems also. Excessive state power is not limited to socialist governments.

      It’s ironic that this pledge of allegiance to the flag became a requirement in public schools in the US during the anti-communist hysteria of the McCarthy era.

      Comment by aletho | November 21, 2011 | Reply

  6. Church & State are your masters, that’s the message. It is dishonest as well; what ‘God’ why singular? How about Goddesses? Further fiction/fraud is ‘liberty and justice for all’ liberty to be brutalized, deceived, and cheat others. Social Justice is not what the federal flag is about, it is a war flag, it flies over the white house and congress, it is not the states, even the signal star is decoration. It is an imperial flag worn by invading troops in countries as innocent as child in Maryland sitting silently in her seat.

    It is also a coffin cover, to cover up the pathetic waste of another life for a criminal war of aggression. The flag is not a comforting symbol, I see is as emblematic of the Crimes of State, and saluting it is complicity in war crimes, in and of itself.

    Comment by Bill Mitchell | November 21, 2011 | Reply


Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s

Follow

Get every new post delivered to your Inbox.

Join 754 other followers