Civil Liberties
Related: About this forumPaxton takes a stand for Cy-Fair ISD in case of student who sat for Pledge of Allegiance
David Fahrenthold Retweeted:A Cy-Fair ISD student sat for the Pledge of Allegiance. So @KenPaxtonTX is suing.
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By Gabrielle Banks Updated 9:53 am CDT, Wednesday, September 26, 2018
The state of Texas is taking a very public stand for the Pledge of Allegiance in a case involving a Katy student expelled after she sat during the daily ritual at her school.
The notice of intervention by Texas Attorney General Ken Paxton comes on the brink of midterm elections amid heightened tensions over patriotism and civil rights.
School children cannot unilaterally refuse to participate in the pledge, Paxton said in a news release. The U.S. Supreme Court has repeatedly held that parents have a fundamental interest in guiding the education and upbringing of their children, which is a critical aspect of liberty guaranteed by the Constitution. ... He said the choice about individual students reciting the pledge falls to their parents or guardians.
RULING: Civil rights case by Cy-Fair student expelled after sitting for Pledge of Allegiance gets nod for trial
Attorney Randall L.Kallinen, who represents the expelled student and her mother, said its rare for Paxton to weigh in on a civil rights case, and questioned Paxtons rationale since the girls mother supports her decision to sit for the pledge.
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Gabrielle Banks covers federal court for the Houston Chronicle. Follow her on Twitter and send her tips at gabrielle.banks@chron.com.
https://twitter.com/GabMoBanks
LaughedAtHat Retweeted:
WHAT
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rurallib
(63,178 posts)I am no lawyer by any means, but I thought the right to sit out the pledge had been decided long ago.
zipplewrath
(16,690 posts)He's pushing an issue that comes up now and again. To some degree children have very few rights that aren't actually controlled by their parents. Some version of his position suggest that she need permission prior to sitting, not after the fact.
mahatmakanejeeves
(60,789 posts)rurallib
(63,178 posts)mahatmakanejeeves
(60,789 posts)Texas AG backs school district that expelled student who refused to stand for Pledge of Allegiance https://nydn.us/2OhXAOE
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I know what you're thinking:
"If there is any fixed star in our constitutional constellation, it is that no official...can prescribe what shall be orthodox in politics, nationalism, religion, or other matters of opinion or force citizens to confess by word or act their faith therein." https://en.wikipedia.org/wiki/West_Virginia_State_Board_of_Education_v._Barnette
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But I saw a Twitter post somewhere about a case in Florida along similar line. Of course I can't find it right now.
Full disclosure: IANAL.
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By Gabrielle Banks Updated 12:10 pm CDT, Friday, July 20, 2018
by SARAH RANKIN, Associated Press Monday, May 7th 2018
RICHMOND, Va. (AP) A Texas principal accused of expelling a student who stayed seated during the Pledge of Allegiance and a Utah high school accused of censoring its student newspaper have been bestowed Jefferson Muzzles, tongue-in-cheek awards from a free-speech group.
The Charlottesville, Virginia-based Thomas Jefferson Center for the Protection of Free Expression on Sunday announced the seven winners of its Muzzles, given annually to those the group deems the previous year's most egregious offenders of free expression.
The group said in a statement that 2017 was a "perilous year" for free speech in America, citing college students' attempts to silence unpopular speakers and what it called the Trump administration's campaign to "vilify and delegitimize the press."
But "when we look back on 2017, it will likely be remembered as a year in which both protest speech and anti-protest rhetoric simultaneously rose to levels not seen in decades," said Clay Hansen, the center's executive director.
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sdfernando
(5,377 posts)maybe Ken Paxton should sue Greg Abbot for not standing during the pledge of allegiance?...same result.
These goobers make me sick!
discntnt_irny_srcsm
(18,569 posts)This issue was settled by WV State Board of Ed. v. Barnette. I fully expect this to be decided in favor of the student's position. If there is some rule that parental permission is required, it seems to me that this matter is one that could have been solved by a phone call, letter or email.
One would presume that an attorney and at least for sure one in the position of Attorney General would be acting with an interest to protect the freedoms expressed in the Bill of Rights and out of wisdom, whether inherent in his position or out of professional experience. "But God hath chosen the foolish things of the world to confound the wise" (or at least those who ought know better.)