To Sit or Stand

During October of 2017, India Landry a black high school student in Texas was in the principal’s office when the Pledge of Allegiance came over the intercom. As her principal standed to recite the Pledge, India decided to sit. School officials took immediate action. Landry was expelled for four days before the school allowed her to come back to school again without being forced to stand. School officials are reported in court documents of telling Landry that, “This is not the NFL.” Referring to the protest led my Colin Kapernick of kneeling for the national anthem before NFL games to protest police brutality. Landy’s mother has now filed a law suit against the school for violating her daughter’s constitutional freedom of speech and right to due process and equal protection under the law. Court documents also show teacher’s kicking her out of class and sending her to the principal’s office multiple times.

The Texas attorney general, which is the head lawyer for the state, has stepped in to defend Texas law as constitutional. Which requires all students to recite the Pledge of Allegiance during school or get a guardian’s permission if they wish to opt out. The attorney general said that this law, “[fosters] respect for our flag and a patriotic love of our country.” He also points out that 26 other states have very similar laws regarding the Pledge of Allegiance. Landry disagrees with this opinion, she thinks that, “The Flag Doesn't Represent ... Liberty And Justice For All,” which is why she chose to remain seated and “silently protest” the Pledge. A Texas judge recently ruled that the lawsuit will move forward.

Do you think this law is unconstitutional? Do you agree with Ken Paxton, the attorney general of Texas or India Landry about what the flag represents? How would you rule if you were the judge in this case? Why?