Longstanding Legal Precedent Prohibits Principals From Requiring Students To Stand During Pledge Of Allegiance
FOR IMMEDIATE RELEASE
Contact: Dotty Griffith, Public Education Director, ACLU Foundation of Texas
(512) 478-7300 x 106 or 923-1909; [email protected]
AUSTIN – The American Civil Liberties Union (ACLU) of Texas, in a letter delivered today, informed administrators at Sweeny Independent School District (SISD) that they are violating students’ First Amendment Rights by requiring them to stand during the Pledge of Allegiance. The letter asked for a policy change and school district response by Thursday, April 21.
“It is clear that the actions by Principal Brian Brooks and Assistant Principal Les Kluttz, if accurately reported to us, constitute a violation of students’ rights to refrain from standing while others recite the pledge,” said ACLU of Texas Legal Director Lisa Graybill.
The ACLU of Texas received complaints from students at the Greater Houston area high school, two of whom are 18-year-old seniors. Principals allegedly told the students they were in violation of the Sweeny High School (SHS) Rulebook for refusing to stand during the daily recitation of the Pledge of Allegiance and that “others (at the school) were offended” by their action. The students felt they would be punished if they did not comply.
“Although I respect the right for others to stand during the Pledge of Allegiance,” said one of the students, “I personally do not wish to stand and I shouldn’t be forced to do so.” Another student said, “I believe there are different ways to express appreciation for one’s country. For me personally, standing during the pledge is not the way to do that.” Both students wish to remain anonymous fearing community retaliation.
“Students have an indisputable First Amendment right to remain seated during the Pledge of Allegiance and national anthem, a right that has been enforced by numerous courts throughout the United States,” said Manuel Quinto-Pozos, Staff Attorney of the ACLU of Texas. “That right can only be curtailed in order to prevent a material and substantial disruption to the school environment, which did not occur in this situation.”
The letter urged a change in policy no later than Thursday, April 21, by eliminating provisions in school district policies, the SHS Rulebook and the Student-Parent Information Guide that require all students to stand for the Pledge of Allegiance or national anthem and students age 18 or older to provide a parent’s written request to be excused from reciting the pledge.
