Pennsylvania pledge of allegiance law

[Sanford Levinson]

As to Mark Scraberry's amended hypo, fair enough, but might we not discuss
whether the state is indeed constrained from notifying parents about both
math grades and pledges when they are informed by the child that they are
living with an abusive parent.  Perhaps the teacher is under a duty to
inform the local child welfare agencies of the charge of child abuse, or do
we believe that being beaten because one doesn't live up to parental
expectations isn't abusive?

I do agree with Tobias that one an analytically distinguish between the
patently ideological pledge, which does indeed conflict with Jackson's
(perhaps incoherent) "no fixed star" paragraph in Barnette and the teaching
of math, which is a more "core function" of schools.  Obviously, though,
one should recognize that schools are also socialization institutions, but
that is embarrassing to all concerned, since that would require us to have
a more openly political-ideological discussion of how we wish to
indoctrinate the young.  Might we teach them, for example, that "patriotism
is the last refuge of scoundrels" or that, say, Robert E. Lee was a traitor
who should have been hung rather than honored after the war and slaughter
that he joined in.  And so on.....

sandy

At 12:42 PM 11/17/2002 -0800, you wrote:
>A revision of Sandy's hypo, as indicated by bracketed material:
>
>  Student:  Please don't tell my father that I'm [failing math], because
>he'll beat me up for being [stupid/lazy].
>
>Teacher:  I'm sorry, I have to.  Pennsylvania law forces me to.
>
>Doctor:  I'm sorry to have to inform you that your student is now in a
>permanent vegetative state because of having been beaten to a pulp by
>her
>father.
>
>Judge who is hearing the case in which Pennsylvania is sued for
>damages:  ______?
>
>Mark Scarberry
>Pepperdine
>
>-----Original Message-----
>From: Sanford Levinson
>To: CONLAWPROF at listserv.ucla.edu
>Sent: 11/17/2002 10:20 AM
>Subject: Re: Pennsylvania pledge of allegiance law
>
>Student:  Please don't tell my father that I'm not saying the Pledge of
>Allegiance, because he'll beat me up for being unpatriotic.
>
>Teacher:  I'm sorry, I have to.  Pennsylvania law forces me to.
>
>Doctor:  I'm sorry to have to inform you that your student is now in a
>permanent vegetative state because of having been beaten to a pulp by
>her
>father.
>
>Judge who is hearing the case in which Pennsylvania is sued for
>damages:  ______?
>
>sandy