flag salute and National Anmthem?

[zeferee]

What is the name of your state? . New Jersey ....
Can a school ( administration ) enforce students to stand during the playing of The National Anthem and during the salute to the flag?

 

[stealth2]

From http://www.njsbf.com/njsbf/student/studentsrights.cfm#flag:

Flag Salute and Pledge of Allegiance

Students have the right to refuse to salute the flag or to recite the "Pledge of Allegiance" if they have any conscientious objections to either of these acts. (West Virginia State Board of Education v. Barnette, 319 U.S. 624 (1943). ) School authorities may not judge whether such objections are sincere or reasonable; the First Amendment protects the expression of such beliefs, even if they are unfounded. In 1978, a federal court struck down a section of the New Jersey statutes that required students who objected to the flag salute to stand during its recitation.(Lipp v. Morris, 579 F.2d 834 (3rd Cir. 1978). ) Thus, students may sit quietly during the flag salute. In addition, students who do not wish to participate may not be required to leave the room during the flag salute. (Frain v. Baron, 307 F. Supp. 27 (E.D.N.Y. 1969). )

However, none of the above is actually NJ law and is only the opinion of this particular group based on case law from other states. And so, it's entirely likely that YOUR school administration can force you to stand for the pledge & anthem - until a NJ court says otherwise.

 

[BelizeBreeze]

What is the name of your state? . New Jersey ....
Can a school ( administration ) enforce students to stand during the playing of The National Anthem and during the salute to the flag?

No, they cannot. Plain and simple, the U.S. Supreme Court has already come done on the side of the student on 4th and 1st amendment rights.

The next time you are asked to leave the room tell whomever has asked you to do so that you will be glad to leave the room this time, however you will be leaving the room to phone your attorney and begin civil rights proceedings against the particular person AND the school administration.

And unless you have the courage of your convictions, in other words, aren't just doing so to cause trouble be truly believe what you are doing is right, then don't bother.

 

[zeferee]

Who is Belize Breeze ???

With all due respect to BelizeBreeze ... are you a licensed attorney or is this your own personal opinion?.....[QUOTE=BelizeBreeze]No, they cannot. Plain and simple, the U.S. Supreme Court has already come done on the side of the student on 4th and 1st amendment rights.

The next time you are asked to leave the room tell whomever has asked you to do so that you will be glad to leave the room this time, however you will be leaving the room to phone your attorney and begin civil rights proceedings against the particular person AND the school administration.

And unless you have the courage of your convictions, in other words, aren't just doing so to cause trouble be truly believe what you are doing is right, then don't bother.[/QUOTE]

 

[CdwJava]

With all due respect to BelizeBreeze ... are you a licensed attorney or is this your own personal opinion?.....[QUOTE=BelizeBreeze]No, they cannot. Plain and simple, the U.S. Supreme Court has already come done on the side of the student on 4th and 1st amendment rights.

The next time you are asked to leave the room tell whomever has asked you to do so that you will be glad to leave the room this time, however you will be leaving the room to phone your attorney and begin civil rights proceedings against the particular person AND the school administration.

And unless you have the courage of your convictions, in other words, aren't just doing so to cause trouble be truly believe what you are doing is right, then don't bother.

Whether he is or not he is right - it is clear case law that they cannot compel a person to stand for the anthem or the pledge ... that doesn't mean peers might not decide to exert some pressure, but the school cannot generally force them to stand.

- Carl

 

[cbg]

I'm still looking for the part where the OP said he was asked to leave the room.

 

[stealth2]

He didn't - that was mentioned in the snippet of info that I posted.

 

[Rhubarb297]

Whether he is or not he is right - it is clear case law that they cannot compel a person to stand for the anthem or the pledge ... that doesn't mean peers might not decide to exert some pressure, but the school cannot generally force them to stand.

- Carl

This is the best answer. BB is also right although I don't know where he came up with the 4th Amendment (Search & Seizure) to apply to this situation. It's most likely the First Amendment of the U.S. Constitution.