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The information on this site does not constitute legal advice and is for educational purposes only. If you have a dispute or legal problem, please consult an attorney licensed to practice law in your state. Additionally, the information and views presented on this blog are solely the responsibility of Justin Bathon personally, or the other contributors, personally, and do not represent the views of the University of Kentucky or the institutional employer of any of the contributing editors.

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Recommend Suspended for Not Standing During Pledge (Email)

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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.


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