By Vincent J. Swanson
Managing Editor
SEABROOK, MD, Nov. 30—A DuVal High School student who refused to recite the Pledge of Allegiance for political reasons was told by his teacher to leave the classroom, and according to the ACLU of Maryland, the practice of teachers pressuring and harassing students to stand for the pledge has increased significantly statewide since the start of the Iraq war.
"As the conflict in Iraq continues, we have seen heightened emotions over the pledge in public schools across the state," said Richard Griffiths, an attorney with the ACLU of Maryland. "The ACLU was founded in response to hostility towards dissent during World War I, and we strongly believe during difficult times our democracy is strengthened, not threatened, by a diversity of voices."
Parents and students from Prince George's County—as well as Frederick County, Carroll County, Baltimore County, and St. Mary's County—asked the ACLU of Maryland for help after several children had complained that they were being harassed, and in some cases, ridiculed by teachers for not standing to salute the American flag.
"In one of the complaints, in Baltimore County, after a student would not stand for the Pledge of Allegiance, the teacher grabbed the kid's hand and put it over his heart," Griffiths said. "We've found that some teachers have been insensitive to dissent."
Because of client-attorney privilege, a law that keeps communication between attorneys and their clients confidential, the name of the DuVal student and the student's reason for refusing to recite the pledge were not released by ACLU attorneys.
In response to the complaints, the ACLU of Maryland issued a letter to state and county officials reminding them that the pledge is not mandatory in American schools. The letter, dated Nov. 28, 2005, explained that the ACLU had "fielded complaints by students who are being harassed by teachers and school administrators because they decline to participate in the Pledge of Allegiance."
Maryland law states that both teachers and students can be excused from participating in patriotic exercise, but the law also says that schools furnish the opportunity to access those rights, such as displaying a flag and allowing students to stand for the Pledge of Allegiance.
The Supreme Court ruled in 1943 in West Virginia State Board of Education v. Barnette that students and educators have the right to choose whether or not to participate in saluting the flag. In an 8-1 vote, the court ruled that West Virginia violated the First Amendment rights of Jehovah's Witnesses students when they were expelled for refusing to salute the flag.
The 1943 decision overturned a previous 1940 Supreme Court case, in which the court supported a school district's right to enforce the pledge. In Minersville School District v. Gobitis, the court half-heartedly supported dissent by arguing that the best form of political expression was to change school policy by simply voting for a new school board.
But in Barnette, the court realized that it had erred in Gobitis, arguing "the very purpose of the Bill of Rights was to withdraw certain subjects from the vicissitudes of political controversy, and place them beyond the reach of majorities." Writing for the court's majority Justice Robert H. Jackson wrote: "One's right to life, liberty, and property, to free speech, a free press, freedom of worship and assembly, and other fundamental rights may not be submitted to vote."
The ACLU letter to Howard A. Burnett, Interim Chief Executive Officer of Prince George's County schools, asks the school chief for assistance, along with his professional peers in every school district, in "reversing a disturbing trend emerging in Maryland's public schools that impinges on the First Amendment rights of students."
John White, a spokesman for the Prince George's County school system, said that Burnett had reviewed the ACLU's letter, and would be notifying county principals and teachers of state and federal law.
"The law is specific on this issue, on both the state and federal level, and we will be issuing a correspondence to help principals, teachers and students understand the law," White said.
At the state level, spokesman Bill Reinhard said that school superintendent Nancy S. Grasmick was in receipt of the letter, and was working with various state and county entities to remind officials of the law.
"The state law is clear, and our role is to remind the school systems of the law," said Reinhard. "The state board simply becomes an appellate court during these times, and listens to the school boards."
One dissenting student in Baltimore County said her teacher lectured her on why it was so important to stand and salute the American flag.
"The teacher said that in North Korea, a political dictatorship, the state requires that students stand for the pledge, without question, and where dissent is illegal," Griffiths said, underscoring the irony of the teacher's actions.
"The very idea of the American flag is that it protects your right to not salute a flag, the right to dissent from patriotic exercise," he said. "You can't have freedom, without the right to political dissent."
Photo by Marketa Ebert