Suit: Teen Booted From School for Not Standing During Pledge

Suit: Teen Booted From School for Not Standing During Pledge

Suit: Teen Booted From School for Not Standing During Pledge

"I've never been to a school where I was called to come get my child, and no one would talk to me about what's going on", said Kizzy Landry, India's mother.

India was told that "if your mom does not get here in five minutes the police are coming".

KHOU 11 has also reached out to civil rights attorney, Randall Kallinen, who says this is a violation of India's First Amendment right because the school is public and is treated like a government. The suit seeks unspecified exemplary and punitive damages. The lawsuit doesn't say why, and school officials didn't return calls seeking comment.

The lawsuit says Landry, who'd been sitting for the pledge in class, was expelled Monday after doing that in the principal's office. The principal then allegedly told her, "Well, you're kicked out of here".

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Nicole Ray, a spokeswoman for the school district said she was not aware of the lawsuit.

"We will address this circumstance inside", said Ray.

Thus, according to the guidelines in the Barnette case, it has been made clear that schools can not force students to recite or stand for the Pledge of Allegiance (including standing silently while others recite the pledge). The 1943 Supreme Court case West Virginia State Board of Education v. Barnette, which permits students the ability to opt out of the Pledge of Allegiance, was referenced in the lawsuit.

In the week of classes she wasn't allowed to attend, India missed a major grade in English, a test in algebra and, Kallinen said, the four absences she accrued may have put her at risk of not being able to graduate on time in June.

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Landry told CBS affiliate KHOU she did not think "the flag is what it says it's for, for liberty and justice and all that", and so she preferred to sit during the pledge and would continue to do so. "It's not obviously what's going on in America today", India told KHOU. "She said she trusts it just brings consciousness of what is happening". Critics say National Football League owners are blackballing him for his protests.

After several shootings of black people by white police officers in 2015 and 2016, former San Francisco 49ers quarterback Colin Kaepernick started kneeling during the national anthem before games. The players have been protesting racial injustice and more recently the president himself after he had some choice words for them.

President Trump fanned the flames of the controversy last month during a speech at a campaign rally in Huntsville, Ala.

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