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https://www.yahoo.com/news/9th-grader-sues-over-pledge-165010067.html
9th grader sues over Pledge of Allegiance confrontation

The parents of a ninth grade South Carolina student who said she was accosted by a teacher for walking to class instead of stopping and reciting the Pledge of Allegiance are suing the teacher, principal, school district and state education officials.

Marissa Barnwell said she was walking quietly to class and decided not to stop for the pledge or a moment of silence that followed. A teacher yelled at her, confronted her and pushed her against a wall.

Barnwell was then sent to the principal's office, which she said was humiliating because she feared she was in trouble. The principal sent her back to class, but Barnwell said he never let her know that the teacher was wrong and she was right.

“I was completely and utterly disrespected,” Barnwell, 15, said at a news conference Thursday, according to The State newspaper. “No one has apologized, no one has acknowledged my hurt. ... The fact that the school is defending that kind of behavior is unimaginable.”

Barnwell's parents are suing the River Bluff High School teacher, the principal, Lexington School District 1, and the South Carolina Education Department in federal court, saying they violated the girl's civil rights and her First Amendment rights to both free speech or not to speak at all.

A state law passed more than 30 years ago requires public schools to play the Pledge of Allegiance at a specific time every day.

But that law also prohibits punishing anyone who refuses to recite the pledge as long as they are not disruptive or do not infringe on others.

West Virginia State Board of Education v. Barnette, 319 U. S. 624 (1943), is a landmark decision by the United States Supreme Court holding that the Free Speech Clause of the First Amendment protects students from being forced to salute the American flag or say the Pledge of Allegiance in public school.