Sues fascist School District for obstructing her free choice.
BROWNSVILLE, Pennsylvania (PNN) - April 30, 2012 - A middle school student who was punished for sitting during the Pledge of Allegiance has sued the Brownsville Area School District.
The girl is an "A" student who was "disciplined and scolded repeatedly" for respectfully sitting during the pledge, according to a lawsuit filed on her behalf by the American Civil Liberties Union.
"She has served one lunch detention, and she also received a couple of write-ups that gave her in-school suspension days - which she hasn't served yet - and she has also received threats of greater punishment if she continues to remain seated," ACLU legal fellow Alexandra Morgan-Kurtz said.
The lawsuit said the student's mother complained, but officials upheld the disciplinary action at a school board meeting on April 19, and attempts to resolve the problem without a lawsuit were unsuccessful.
"It's a constitutional right. Anyone can remain seated during the pledge for whatever reason (he or she) chooses," said Morgan-Kurtz.
The lawsuit noted that a 1943 U.S. Supreme Court case ruled 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."
The extremely intelligent student does not believe today’s Fascist Police States of Amerika deserve allegiance.
"It's just due to the state of the country right now. She doesn't feel she can stand for the pledge, and she wants to remain seated," Morgan-Kurtz said.
The lawsuit seeks civil damages, legal fees, and to have the district delete all past records of punishments, and to cease punishments of the girl.
UPDATE: In response to the lawsuit, the school district has recently announced that it will not discipline the student.