I don't think suing anyone is the answer (except to cover legal fees), but this is a separate issue from student rights.
The USA pledge of allegiance is about STANDING UP FOR YOU RIGHTS! Tell your dumbass teacher that and stand up for yourself, of free speech or whatever the right is you dont need to agree with it.
Not really, a students right to sue when he is getting fined by a policy that is unconstitutional. What else would he do? Just take it and not have any other higher authority intervene?
What monetary fine would a student incur for breaking the rules in a case like this? I think the student (or his family, I suppose) should have the right to sue to cover expenses incurred by the institution that caused those costs to occur. If the student was fined, he should sue to cover that amount, plus legal costs. If a parent was forced to miss work in order to deal with the legal case, they should sue for that amount. Anything beyond the cost to the student/parents is an unnecessary drain on an already strained education system. Suing for things like 'emotional damages' is asinine bullshit. Emotions don't cost money.
[quote name='"HankMoody"'] Not really, a students right to sue when he is getting fined by a policy that is unconstitutional. What else would he do? Just take it and not have any other higher authority intervene?[/quote] He's not getting fined He could talk to the principal or somethin, there's a lot of people at the school higher up than teachers before you gotta bring in a judge
If he's not sending you to the principals office then he probably has no authority in the matter. keep pushing your luck. The worst that could happen is you get suspended for being a political dissident.... chicks dig political dissidents
What are you 6? Just stand up if it means your teacher gets off your back. It doesnt even mean you have to say shit.
You don't have to says all mighty Google COMD: Committee Opposed to Militarism and the Draft The U.S. Supreme Court decided in 1943 (West Virginia State Board of Education v. Barnette) that a compulsory flag salute would violate students’ right to freedom of expression. The Court proclaimed that a state cannot "prescribe what shall be orthodox in politics, nationalism, religion, or other matters of opinion" and that students cannot be compelled to affirm their loyalty "by word or act." The Supreme Court also decided in Tinker v. Des Moines Independent School District that students do not "shed their Constitutional rights to freedom of speech or expression at the schoolhouse gate." Due to these court decisions, students today are protected in exercising their free speech rights in school and in their wish to abstain from pledging allegiance for whatever reason.
I really hope the OP actually checks his thread again. Many Blades have given good direction, especially those quoted above (not in any order of merit). OP print the Supreme Court and your States information out (included in links within the above quoted material). Set up a meet with you Teacher. Calmly display the evidence, do not go on with your semi-weak reason, just state that it is within your perogative and your rights to not wish to participate. Determine if you should stand, or remain seated. I would stand just to minimize the drama side of chit. If the Teacher can not understand that, then ask for a stand down until He can setup a meet with the next higher authority (Principal?).
I wanna say since you are in school you don't have any rights... but when I was in high school this was actually an optional thing to recite the pledge of allegiance. I always chose not to. In order to compromise for the sake of getting through your school day without issue, I suggest you stand up but stay silent. If he has an issue with that, well, I don't know if he can do anything about it.
[quote name='"morange"']I wanna say since you are in school you don't have any rights... but when I was in high school this was actually an optional thing to recite the pledge of allegiance. I always chose not to. In order to compromise for the sake of getting through your school day without issue, I suggest you stand up but stay silent. If he has an issue with that, well, I don't know if he can do anything about it.[/quote] Yeah just stand up and suck it up. It's 10 seconds of your life. But still, fuck your teacher.
So your refusing to simply stand up because you don't beileve than you come here and ask us what to do and you even mension consiquences . It sounds like you need to get rid of your bad attitude . Who cares if you don't beileve just do it
I assume you are the same people that say "let them search me, i have nothing to hide.." so much error in this theory for those who say "just take it, bad attitude you have there" lol /facepalm
He shouldn't have to stand but suing is going to far first off it's not that big of a deal it's not big enough to sue over and also it drains money from the already broke school system it wastes money for the court costs and it uses up the courts time that could be spent on more important things suing should only be used as a last resort
i stopped gettin up to say that pledge alligance to the flag bullshit in 10th grade....when the intercom came in everyone would stand id still b sittin down id directly look at my teacher who did stand up and i jus smirk ...they cant make YOU do anything man.
[quote name='"HankMoody"'] I assume you are the same people that say "let them search me, i have nothing to hide.." so much error in this theory for those who say "just take it, bad attitude you have there" lol /facepalm[/quote] Your entire argument so far has been "I have lower standards for privacy invasion, so you're all sheep people slaves" No, I don't think someone snooping around my car for 3 minutes is that big a deal. Its a minor inconvenience at worst. I don't know where you live but shit like that only happens around here when some serious shit goes down, and it would be easy as hell to bring a gun or something and go on a spree... You sound like a tightwad pseudo-intellectual (because other than "they shouldn't be able to do that" you haven't presented a single argument to your defense) like David Duchovny plays, fitting screen name. Sorry but it just really irks me when people just ablate other peoples opinions or arguments. I don't want to rag on you or derail the thread so I'll shut up now
I believe the children are our future... As a parent that has challenged the public school system on behalf of my children more than once, here's the order in which you do it: Talk to the teacher, with current/relevant case law. If that doesn't do it, talk to the principal. If that doesn't work out, talk to the superintendent. If that doesn't cut it you then talk to the school board. If they don't listen, then you hire an attorney. I had to go to the school board once (every other time the principal/superintendent corrected the issue) and they sided with me. Or hell, you can pay 150 dollars an hour (or whatever lawyers get in your area) to correct something that could be corrected for free with one little discussion with the folks in charge. I'm sure you will find a lawyer willing to take your money. Whichever floats your boat.