Home -> Law Blog Directory -> Education Law Blogs -> Edjurist

Education Law

: Edjurist

Suspended for Not Standing During Pledge

By Justin Bathon

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.

Full post as published by Edjurist on May 12, 2008 (boomark / email).