Florida’s Orange County Public Schools announced this week students must have parental permission if they want to kneel during the national anthem at football games or otherwise silently protest, such as refusing the say the pledge of allegiance.
The move comes after students in a single school district knelt in solidarity with 49ers quarterback Colin Kaepernick’s protest against social injustice in America.
Exercising First Amendment rights in Florida now requires parental permission.
As Unconstitutional as They Come
The school announcement is so wholly unconstitutional as to be laughable, except that it is Florida, the state immune from reality.
Previous decisions in the 11th Circuit Court of Appeals already found the portion of Florida law requiring students to “stand at attention” during the anthem violates the First Amendment. The Supreme Court has long upheld not participating in the pledge, or remaining seating during the anthem, is protected speech under the First Amendment.
West Virginia State Board of Education v. Barnette, 319 U.S. 624 (1943), was the courageous wartime decision by the Supreme Court holding that the Free Speech Clause of the First Amendment protected students from being forced to salute the American flag and say the pledge of allegiance in school. The Court stated constitutional rights are to be “beyond the reach of majorities and officials.” It held that the state did not have the power to compel speech for anyone.
Barnette overruled a 1940 decision on the same issue, Minersville School District v. Gobitis, which said dissent was to try to change a school policy democratically — i.e., through the same system that imposed the restraints being challenged.
The Court has also upheld that the Bill of Rights applies to students in Tinker v. Des Moines Independent Community School District (1969).
Officials claim they are following a state law regarding the pledge of allegiance that requires participation in patriotic gestures (they are of course following the exact law the 11th Circuit has ruled unconstitutional, which makes it not really a law anymore, but whatever, Florida uber alles.)
And so in sweaty Collier County one principal is telling students that they’ll be sent home if they don’t stand during the anthem at sporting events.
“You will stand and you will stay quiet,” Lely High School Principal Ryan Nemeth announced. “If you don’t, you are going to be sent home and you’re not going to have a refund of your ticket price.”
Ouch! No refund of the ticket price for you, commie ISIS terrorist students, unless you have a note from home.
I want to read about the first student, who, when asked for his note giving him permission to remain seated during the pledge, hands over a copy of the Bill of Rights and says f*ck you, Florida.
Copyright © 2017. All rights reserved. The views expressed here are solely those of the author(s) in their private capacity. Follow me on Twitter!