is it legal for a school to force a student to stand?

Question

today, one of my classmates was reprimanded for not standing for the pledge, and was written up for punishment.
One of my classmates said that a government TEACHER told them that they are required to stand for the pledge, but don't have to recite it.
Is there a federal law that says that they don't have to stand OR recite the pledge? I understand that there have been cases in which such laws have been struck down individually by federal courts, but does that mean they apply to other schools aswell?
my state is Pennsylvania, if that affects anything.
Thank you

you people certainly have trouble following directions.
I don't want your opinion. I don't care whether you think they SHOULD stand for the pledge, i'm asking if it's LEGAL to force them to.

Answer 1

Florida case Frazier v. Alexandre was a case in which a federal district court ruled that a law that requires a person to stand for the pledge is unconstitutional.

Your friends was perfectly within his right to not stand for the pledge.

Answer 2

(1) No, there is no federal law, to my knowledge, that regulates standing for the pledge (if there were, it would probably be unconstitutional)
(2) Cases are "precedent," and, to the extent that the same facts come up again, that precedent is binding on the jurisdiction in which the case was decided. Thus, the Supreme Court's precedent is binding throught the Country; federal appellate court cases are binding in the "circuit" they sit (in Pennsylvania, that's the 3rd Circuit, along with Delaware and New Jersey). Federal district court cases may or may not be precedential. State supreme court cases are binding in the state of the court, etc.
(3) Yes, there's the case that says you have a constitutional right to not say the pledge: WEST VIRGINIA STATE BOARD OF EDUCATION ET AL. v. BARNETTE ET AL.
SUPREME COURT OF THE UNITED STATES
319 U.S. 624

(4) As far as whether it's permissible to be forced to stand, I would take a look at this great article from the First Amendment Center:
http://www.firstamendmentcenter.org/speech/studentexpression/topic.aspx?topic=pledge

It notes a few cases where students refused to stand or took other action during the pledge and the results of their civil cases (One got to go forward, probably to settlement, for a kid who refused to stand.)

Answer 3

There still have to be certain rules to follow. But some carry things too far. He SHOULD stand; even though he doesn't want to recite the pledge. What is this generation turning in to? Kids today are taught no respect anymore so they feel they can just do what they want to do. For one thing, if you live in this country you should be proud of it and WANT to stand and say the pledge. They had to get this attitude somewhere, and sadly to say, I blame alot on the parents. If there's no discipline and the child knows he got away with it; then don't wonder why kids are the way they are today.

Answer 4

the state you live in does affect the laws. i know for me being in cali, we didnt HAVE to stand or pledge at all..we couldve just protested it in class and have gotten sent to the counceling office and have that be it...go back to class when they were done *retarded but effective and kept teachers from battling students* i personally dont understand what the big deal is...a child is expressing his right to freedom and that should stand for something *no pun intended* but i highly doubt there is a LAW claiming you are REQUIRED to stand for the pledge. but id research it before you make any rash movements...research Pennsylvania laws regarding the Pledge...good luck. and smak that teacher upside the head...:D

Answer 5

I don't think they have to stand. I remember in my school there were always a few students who did not stand for the pledge. There was a teacher who tried to force the issue and she actually got in trouble for it.

Answer 6

Being a instructor myself i assume that i will respond this. the recent law says that the pledge could be achieved throughout the time of company each and daily. although the scholars have the call of no longer prestige and acknowledging it. They without difficulty could sit down down there, be quiet and stay unsleeping for it to be over. even as the pledge could be recited by utilising means of the corporate, each and every guy or lady student although holds their suited to no longer for my section recite it. So no, the instructor are no longer able tochronic the student to indicate the pledge!

Answer 7

They should not be required to stand, as that could very well imply they are supporting what is taking place or pledging allegance to something they wish not to. Sick the ACLU on em!!! Bark, bark.

Answer 8

To tell you the truth i don't think it is legal for a school to make a student stand, i thought schools were only aloud to take away play time now? I thought they gave up punishment in the old days?

Answer 9

I'm not sure how it is done anywhere esle but I thought that that was banned in schools because everyone was not American but you do have to stand when you do it


You should read the book "To tell the Truth" by: Avi that is what the book is about in this situation.

Answer 10

That gives no freedom to the person, even if they are a U.S. citizen. That person should sue for all they can. You just have to stop America's overoppressiveness. They should take it as a civil problem and take the proprietor to court. Stop america from ruining us. Make sure this person sues for all that America has.