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. by the time anybody gets to such files they will probably have been totally vacuumed anyways. they're pros at this at universities. anything to protect their incomes. Still, a laudable attempt. Let's go for throat though: how about the idea of unionizing football college football players so they can get a fair shake for their work? then if one of the players is a pain in the neck cut them loose instead of protecting them. if that kills the big programs, great, what do they have to do with learning anyways? nada. just another way for universities to rake in the billions even as they skate from paying taxes with their bogus "nonprofit" status.

  2. Um the affidavit from the lawyer is admissible, competent evidence of reasonableness itself. And anybody who had done law work in small claims court would not have blinked at that modest fee. Where do judges come up with this stuff? Somebody is showing a lack of experience and it wasn't the lawyers

  3. My children were taken away a year ago due to drugs, and u struggled to get things on track, and now that I have been passing drug screens for almost 6 months now and not missing visits they have already filed to take my rights away. I need help.....I can't loose my babies. Plz feel free to call if u can help. Sarah at 765-865-7589

  4. Females now rule over every appellate court in Indiana, and from the federal southern district, as well as at the head of many judicial agencies. Give me a break, ladies! Can we men organize guy-only clubs to tell our sob stories about being too sexy for our shirts and not being picked for appellate court openings? Nope, that would be sexist! Ah modernity, such a ball of confusion. https://www.youtube.com/watch?v=QmRsWdK0PRI

  5. LOL thanks Jennifer, thanks to me for reading, but not reading closely enough! I thought about it after posting and realized such is just what was reported. My bad. NOW ... how about reporting who the attorneys were raking in the Purdue alum dollars?

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