Do you Pledge Allegiance?
Schoolchildren in 1899 reciting the Pledge of Allegiance
It has been reported that the parents of a 9th grader in South Carolina are suing after their daughter was allegedly accosted for not saying the Pledge of Allegiance while she was walking to class instead of stopping to reciting it. Marissa Barnwell, the student, said during a news conference on Thursday that she was walking quietly to her class at River Bluff High School in Lexington, South Carolina and decided not to stop walking to recite the pledge or a moment of silence. A teacher at the school allegedly yelled at her, confronted her, and pushed her against a wall nearby.
Barnwell, who's 15-years-old, was sent to the principal's office afterward, which she described as humiliating because she thought she was in trouble. Marissa Barnwell, a River Bluff High School student, her parents and their lawyer, Tyler Bailey, hold a news conference in Columbia, S.C., on Thursday, March 9, 2023, regarding a lawsuit filed against Lexington School District One, River Bluff High School teacher, principal, as well as the South Carolina Education Department in federal court, stating that their daughter's First Amendment and civil rights were violated.
The South Carolina legislature passed a law over 30 years ago requiring schools in the state to play the Pledge of Allegiance at a certain time each day, but also prohibits punishment for students who refuse to recite the pledge, given they are not being disruptive.
Tyler Bailey, the family's attorney, said that students should be able to exercise their constitutional rights.
"The thing that’s beautiful about America is we have freedoms," Bailey said. "Students in our schools should feel safe, they should not be feel threatened for exercising their constitutional rights."
Conclusion
As a young man (probably more a boy looking back), I did not mind causing trouble. Normally I was good enough at having others do what needed to be done that I did not have to do it, nor would I get in trouble. Unfortunately, I remember one of the times I did find myself in trouble was because in the 5th grade a group of boys (including myself) was intentionally saying the Pledge of Allegiance incorrectly in an attempt to be funny. The teacher did not find it funny and thus I had to stay after school, writing the pledge over and over for one hour. Then my parents decided I needed to walk home due to my conduct causing me to miss my bus.
Was it my Constitutional right to say what I wanted to say? Was that "Free Speech?" Is it your constitutional right to take a knee and not say anything at all? The truth is that maybe it is. Maybe it is your way of protesting, but is that respectful and civil to those around you? Is that behavior the reason we have a moral breakdown in society and a disrespect for our nation.
I find it ironic that her attorney cites the constitution, her freedoms, and how beautiful America is when his Client's disrespect of our nation, our Constitution, and our freedoms are what caused this situation. In short, the attorney wants the items his client "protested" against to protect his client's right to litigate.
Now should the teacher have touched the young lady - no. Should he have pushed her against a wall - no. The video and witnesses will determine those facts, but what is her damage. Her embarrassment? Embarrassment was a part of every punishment I ever had. My parents whooped me in every store, school, and church I misbehaved in. I had to return stolen items, and apologize if I simply did not act up to their standards. It did not have to be a law that was violated. I can assure you that my parents would not have gone to an attorney and stood behind me at a press conference, after I admitted that I disrespected my Country, school, and teachers.
Winslow Law does Constitutional Rights Violations. Winslow Law does School Education Law. Winslow Law does Civil and Criminal Work. Winslow Law will also respect our Country, Schools, and Courts. We will respect those that work in them to preserve the Constitution, our Nation, and our Freedoms that each citizen enjoys.
May God Bless You, Your Business, and this Country,
Tom Winslow