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Student expelled over pledge protest files civil rights lawsuit
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CrimsonPhantom Offline
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Student expelled over pledge protest files civil rights lawsuit
Quote:HOUSTON - A local school district and principal are the center of a federal civil rights lawsuit after a student says she was expelled for not standing during the Pledge of Allegiance.

India Landry, 17, began her silent protest of the pledge last school year, according to her attorney, Randall Kallinen."She had been sitting through six different teachers and 200 some times, she had sat for the pledge," Kallinen said.

But on Monday, Oct. 2, she ended up in the principal's office for texting on her cellphone. And when the pledge began over the intercom, school leaders took notice and took issue when Landry remained seated.

"The school secretary said, 'this ain't the NFL' and the principal said 'you have to stand,' and she said 'no I do not have to stand' and she was instantaneously kicked out of school. They told her she could not come back until she stood for the pledge," Kallinen told Channel 2 News.

Landry was at home for four days until the school principal called her mother with a change of tune.

"Friday morning, she calls back and said India does not have to stand for the pledge and India went back to school that very day," Kallinen said.

Saturday, the teen's mother filed a federal civil rights lawsuit against Cypress Fairbanks Independent School District and the school principal.

"Students have a First Amendment right to speak or not to speak and choosing to stand for the pledge is a form of expression so the government cannot force you to express yourself when you don't want to," Kallinen said.


https://www.click2houston.com/news/stude...ts-lawsuit
10-10-2017 07:00 PM
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ark30inf Offline
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Student expelled over pledge protest files civil rights lawsuit
They are right. It is not the NFL. The NFL is a private entity that can tell its employees what to say on the clock. The school is the government and is restricted in its powers.



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10-10-2017 07:41 PM
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TigerBlue4Ever Offline
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RE: Student expelled over pledge protest files civil rights lawsuit
She won't win.
10-10-2017 09:10 PM
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rath v2.0 Offline
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RE: Student expelled over pledge protest files civil rights lawsuit
They will likely settle....those Section 1983 cases come with attorney's fees....they don't settle, they put it into first gear and drive the car very slowly to Florida.

Only reason this is filed is because of the fees provision. I used to know a firm that had a practice area of searching for ssection 1983 cases to prosecute....sometimes they spent time actually looking for a plaintiff. Ick.
(This post was last modified: 10-10-2017 09:16 PM by rath v2.0.)
10-10-2017 09:14 PM
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ark30inf Offline
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RE: Student expelled over pledge protest files civil rights lawsuit
(10-10-2017 09:10 PM)TigerBlue4Ever Wrote:  She won't win.
I suspect she will. Free speech doesn't wnd at the school house door.

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10-10-2017 09:16 PM
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solohawks Offline
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RE: Student expelled over pledge protest files civil rights lawsuit
Schools have no power over students anymore. Big part of the disrespect our culture promotes stems from this. She will get a settlement
10-10-2017 09:39 PM
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bullet Offline
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RE: Student expelled over pledge protest files civil rights lawsuit
(10-10-2017 09:39 PM)solohawks Wrote:  Schools have no power over students anymore. Big part of the disrespect our culture promotes stems from this. She will get a settlement

She's a disrespectful loser. She was already in the office for misbehaving. Just a loser looking for a handout.

Expelling her was kind of extreme, but basically she was challenging the principal's authority when she was already in trouble and the principal overreacted. She's the type of person who is prone to get shot by a police officer or in a road rage incident. If that doesn't happen, unless she has a transformation, she's going to have a miserable life and so will everyone around her.

The district will settle, but they won't get much. She hasn't suffered much.
10-10-2017 09:52 PM
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SuperFlyBCat Offline
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RE: Student expelled over pledge protest files civil rights lawsuit
(10-10-2017 09:52 PM)bullet Wrote:  
(10-10-2017 09:39 PM)solohawks Wrote:  Schools have no power over students anymore. Big part of the disrespect our culture promotes stems from this. She will get a settlement

She's a disrespectful loser. She was already in the office for misbehaving. Just a loser looking for a handout.

Expelling her was kind of extreme, but basically she was challenging the principal's authority when she was already in trouble and the principal overreacted. She's the type of person who is prone to get shot by a police officer or in a road rage incident. If that doesn't happen, unless she has a transformation, she's going to have a miserable life and so will everyone around her.

The district will settle, but they won't get much. She hasn't suffered much.

This, and what you described just happened to a 22 year old girl in S. Beach. She was drinking (we think) and she hit 2 cars fled the scene, then a couple of blocks later she ran over a cop. Another cop shot her ass dead.
10-11-2017 05:20 AM
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EverRespect Offline
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RE: Student expelled over pledge protest files civil rights lawsuit
(10-10-2017 09:16 PM)ark30inf Wrote:  
(10-10-2017 09:10 PM)TigerBlue4Ever Wrote:  She won't win.
I suspect she will. Free speech doesn't wnd at the school house door.

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Free speech ends at the school door in many different ways. A dress code is one example... even a lax one where everything goes except t-shirts containing profanity is a violation of "free speech". Expelling someone for making an image of a gun out of a pop tart is violating free speech. I don't care enough to research the particular, but the SCOTUS has ruled that there is no free speech in government schools. Free speech protects you with regards to criminal prosecution, but does not wash you from civil consequences. She will lose.
(This post was last modified: 10-11-2017 07:58 AM by EverRespect.)
10-11-2017 07:57 AM
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VA49er Offline
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RE: Student expelled over pledge protest files civil rights lawsuit
It was a stupid decision to expel the student. Hell, make her stand in the hall or something during the pledge.
10-11-2017 07:59 AM
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Chappy Offline
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RE: Student expelled over pledge protest files civil rights lawsuit
Throughout my elementary school years (early 1980's) there were two Jehovah's Witness kids at my school that did not stand for the pledge. They also went to the library when we had holiday or birthday parties. Nobody freaked out.
(This post was last modified: 10-11-2017 08:05 AM by Chappy.)
10-11-2017 08:04 AM
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stinkfist Offline
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RE: Student expelled over pledge protest files civil rights lawsuit
(10-11-2017 07:57 AM)EverRespect Wrote:  
(10-10-2017 09:16 PM)ark30inf Wrote:  
(10-10-2017 09:10 PM)TigerBlue4Ever Wrote:  She won't win.
I suspect she will. Free speech doesn't wnd at the school house door.

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Free speech ends at the school door in many different ways. A dress code is one example... even a lax one where everything goes except t-shirts containing profanity is a violation of "free speech". Expelling someone for making an image of a gun out of a pop tart is violating free speech. I don't care enough to research the particular, but the SCOTUS has ruled that there is no free speech in government schools. Free speech protects you with regards to criminal prosecution, but does not wash you from civil consequences. She will lose.

too many now expect #mobrules......

that cannot be allowed and expect a civil/multicultural society to develop peacefully....

#giveinchtakemile is where we're at now......it's pathetic.....
10-11-2017 08:06 AM
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VA49er Offline
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RE: Student expelled over pledge protest files civil rights lawsuit
(10-11-2017 08:04 AM)Chappy Wrote:  Throughout my elementary school years (early 1980's) there were two Jehovah's Witness kids at my school that did not stand for the pledge. They also went to the library when we had holiday or birthday parties. Nobody freaked out.

Exactly. However, in today's society everyone wants their 15 minutes.
10-11-2017 08:07 AM
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ark30inf Offline
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RE: Student expelled over pledge protest files civil rights lawsuit
(10-11-2017 08:04 AM)Chappy Wrote:  Throughout my elementary school years (early 1980's) there were two Jehovah's Witness kids at my school that did not stand for the pledge. They also went to the library when we had holiday or birthday parties. Nobody freaked out.
Yep. You can't force pople to recite it, you can't force them to stand, you can't force them to go stand in the hall.

You can force them to remain unobtrusive and quiet and non-disruptive.

Can you find a judge who will go another way? Sure, but in general, thats how it goes.

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10-11-2017 08:11 AM
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HeartOfDixie Offline
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RE: Student expelled over pledge protest files civil rights lawsuit
Oh, Cy-Fair!

The allegations are a bit simplistic, considering a principal can’t instantly expell somebody.

BTW, Windfern is the alternative school filled mostly with behavioral issue losers.
(This post was last modified: 10-11-2017 08:20 AM by HeartOfDixie.)
10-11-2017 08:18 AM
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UTSAMarineVet09 Offline
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RE: Student expelled over pledge protest files civil rights lawsuit
As someone who graduated from Cy-Fair ISD, this is all I needed to know...

Quote:Windfern High School released the following statement on the issue:

"Although we have not been served with documentation regarding a lawsuit, we will continue to review this situation internally. The student is currently attending classes at Windfern High School."

Thats an alternative school for kids that get expelled from other Cy-Fair ISD schools. She is a trouble maker and just looking for her 15 minutes of fame.
10-11-2017 08:27 AM
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RE: Student expelled over pledge protest files civil rights lawsuit
(10-11-2017 08:04 AM)Chappy Wrote:  Throughout my elementary school years (early 1980's) there were two Jehovah's Witness kids at my school that did not stand for the pledge. They also went to the library when we had holiday or birthday parties. Nobody freaked out.

That's religious freedom, which is a different issue.

Everyone knew they were standing for principles instead of sitting out of disrespect.
10-11-2017 08:35 AM
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ark30inf Offline
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RE: Student expelled over pledge protest files civil rights lawsuit
(10-11-2017 08:35 AM)bullet Wrote:  
(10-11-2017 08:04 AM)Chappy Wrote:  Throughout my elementary school years (early 1980's) there were two Jehovah's Witness kids at my school that did not stand for the pledge. They also went to the library when we had holiday or birthday parties. Nobody freaked out.

That's religious freedom, which is a different issue.

Everyone knew they were standing for principles instead of sitting out of disrespect.
A government school can't force kids to recite a pledge of allegiance or salute the flag or any of that. Irritating to some, but its not going to change.

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10-11-2017 08:56 AM
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RE: Student expelled over pledge protest files civil rights lawsuit
(10-11-2017 08:56 AM)ark30inf Wrote:  
(10-11-2017 08:35 AM)bullet Wrote:  
(10-11-2017 08:04 AM)Chappy Wrote:  Throughout my elementary school years (early 1980's) there were two Jehovah's Witness kids at my school that did not stand for the pledge. They also went to the library when we had holiday or birthday parties. Nobody freaked out.

That's religious freedom, which is a different issue.

Everyone knew they were standing for principles instead of sitting out of disrespect.
A government school can't force kids to recite a pledge of allegiance or salute the flag or any of that. Irritating to some, but its not going to change.

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But they can get them to be non-disruptive as stated above. She absolutely could be punished if she was sitting looking down like that in the classroom. In the principal's office? More of a gray area.
10-11-2017 09:32 AM
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