ILNews

School, student settle pledge suit

Michael W. Hoskins
January 1, 2008
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Within a week of filing a federal lawsuit, a settlement has been reached on a case involving a high school student who was punished for not standing during the Pledge of Allegiance.

The Franklin Community School Corp. superintendent said the American Civil Liberties Union of Indiana has agreed to drop the lawsuit. The school district will pay the student's $1,000 in attorney fees, clear his school record, and not require participation by standing or any other way during the Pledge of Allegiance and a brief moment of silence.

A 17-year-old student identified only as J.L. filed a five-page suit Feb. 22 in the U.S. District Court for the Southern District of Indiana against the school corporation.

According to the suit, J.L. decided not to participate in the Pledge of Allegiance and a moment of silence Feb. 15. A science teacher warned J.L. that he'd be punished for not standing in the future, and when the student later asked what legal authority allowed the school to punish him for not participating, the educator responded "because his teacher 'said so,' not because the law required it," the suit said.

On Feb. 19, J.L. again sat silently and didn't participate in the pledge or moment of silence and was sent to the assistant principal's office. He received detention, but then school officials realized they'd misinterpreted the law, according to Franklin Community School Corp. Superintendent William Patterson.

Indiana law requires that there be a moment of silence and recitation of the pledge every day during school, but it does not force a student to say the pledge or participate. State law says that teachers are responsible for making sure students remain seated or standing during the moment of silence, and that they maintain silence and do not distract other students.

Patterson said administrators thought the law allowed schools to require all students to stand or sit, but not pick one over the other.

ACLU of Indiana attorney Jacquelyn Bowie Suess could not be reached by Indiana Lawyer Feb. 27.
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  1. CCHP's real accomplishment is the 2015 law signed by Gov Pence that basically outlaws any annexation that is forced where a 65% majority of landowners in the affected area disagree. Regardless of whether HP wins or loses, the citizens of Indiana will not have another fiasco like this. The law Gov Pence signed is a direct result of this malgovernance.

  2. I gave tempparry guardship to a friend of my granddaughter in 2012. I went to prison. I had custody. My daughter went to prison to. We are out. My daughter gave me custody but can get her back. She was not order to give me custody . but now we want granddaughter back from friend. She's 14 now. What rights do we have

  3. This sure is not what most who value good governance consider the Rule of Law to entail: "In a letter dated March 2, which Brizzi forwarded to IBJ, the commission dismissed the grievance “on grounds that there is not reasonable cause to believe that you are guilty of misconduct.”" Yet two month later reasonable cause does exist? (Or is the commission forging ahead, the need for reasonable belief be damned? -- A seeming violation of the Rules of Profession Ethics on the part of the commission) Could the rule of law theory cause one to believe that an explanation is in order? Could it be that Hoosier attorneys live under Imperial Law (which is also a t-word that rhymes with infamy) in which the Platonic guardians can do no wrong and never owe the plebeian class any explanation for their powerful actions. (Might makes it right?) Could this be a case of politics directing the commission, as celebrated IU Mauer Professor (the late) Patrick Baude warned was happening 20 years ago in his controversial (whisteblowing) ethics lecture on a quite similar topic: http://www.repository.law.indiana.edu/cgi/viewcontent.cgi?article=1498&context=ilj

  4. I have a case presently pending cert review before the SCOTUS that reveals just how Indiana regulates the bar. I have been denied licensure for life for holding the wrong views and questioning the grand inquisitors as to their duties as to state and federal constitutional due process. True story: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS Shorter, Amici brief serving to frame issue as misuse of govt licensure: https://www.scribd.com/doc/312841269/Thomas-More-Society-Amicus-Brown-v-Ind-Bd-of-Law-Examiners

  5. Here's an idea...how about we MORE heavily regulate the law schools to reduce the surplus of graduates, driving starting salaries up for those new grads, so that we can all pay our insane amount of student loans off in a reasonable amount of time and then be able to afford to do pro bono & low-fee work? I've got friends in other industries, radiology for example, and their schools accept a very limited number of students so there will never be a glut of new grads and everyone's pay stays high. For example, my radiologist friend's school accepted just six new students per year.

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