Suspended for Not Standing During Pledge

Three students were suspended in rural Minnesota for not standing during the pledge. The school has a policy that requires students to stand for the pledge, but does not require the students to actually recite the pledge.

This is an interesting little case. I think the law is pretty clear that you cannot force participation in the pledge, but is standing participation? Is the standing showing respect for the flag, the country, or just the other students in the room? If it can be classified only as the latter and not former, it might be okay. However, my feeling is that standing was required to encourage participation in respect of the flag and country. If that is the case, then the policy was probably unconstitutional.

Nevertheless, a nice little exam question.

Comments

[Robert Hamm]

This is an extremely interesting situation. This is why lawyers are a necessary evil. However, is the reason these students refused to stand because they were not making a political statement but rather simply trying to disrupt class and be a pain in the teachers side. I look forward to the conclusion of this situation, however, I am sure there are several cases that have set a definite precedent for this case and it will not take long for a conculsion.