A student from Wilson Middle School has contacted our office to request assistance with regard to a serious constitutional violation that is occurring under the authority of your school and school district. The student, currently in eighth grade, reports that she was wrongfully berated, humiliated, and otherwise mistreated by a school staff member for exercising her constitutional right to opt out of the Pledge of Allegiance. Moreover, this mistreatment was reinforced by an authority figure within the school. As you should know, the right of students to opt out of Pledge participation was settled long ago by the United States Supreme Court in West Virginia State Bd. of Educ. v. Barnette, 319 U.S. 624 (1943). Consequently, any actions by your school or its agents infringing upon that right would be actionable as a serious constitutional violation.

The student in question, for personal reasons, does not wish to participate in the Pledge exercise in any manner. On Thursday, April 2, she happened to be at the school nurse’s office when the school’s Pledge of Allegiance exercise took place. The school nurse ordered everyone present to stand up, but the student remained seated as she typically does. She reports that subsequently, when it was her turn to be seen by the nurse, the nurse asked loudly, “Why didn't you stand for the Pledge?” The student replied that the Pledge exercise is voluntary and that no explanation for opting out is needed. Shockingly, the nurse responded by ordering her out of the room, yelling, “Fine! Then leave! I have the right to not service you!”

[...]

The student reports that she left the nurse’s office in tears and went to the administrative offices to call her mother. A secretary then led the student to an office, but at that time the same nurse appeared again, saying, “She isn't calling a parent until I have a long conversation with her!” Still sobbing, the student said she only wanted to call her mother. At this point a school counselor arrived and took the student to his office, where the student remained for the first two class periods. Though he showed some sympathy, he also incorrectly instructed the student that she should stand in the hallway if she does not wish to stand for the Pledge exercise! The student politely tried to explain that she is under no obligation to stand in the hallway as such, to which the counselor replied that it was “district policy,” apparently unaware that “district policy” does not trump federal law.

To say that the actions of school district staff in this situation have inflicted trauma upon this child would be an understatement. She was bullied and subjected to public embarrassment for doing nothing more than harmlessly exercising her constitutional rights. The actions of the nurse are indefensible, as she provides an example of the kind of overzealous, dangerous patriotism that any true patriot would loathe. The student was left angry and scarred by this mean-spirited hostility, which is only made worse by the fact that it came from a person trusted with the health and well being of students. Moreover, the nurse’s refusal to give the child medical attention calls into question her fitness for the job.