Kid misrecites the Pledge of Allegiance - can he be graded down for that?

[Steven Jamar]

I think he should include the correct text, then handle the revision as a
"decoration.

But I disagree with Doug -- I think it is really just about learning the
text through some creative means so students don't think the recitation is
"and to the republic for Richard Stans" and the like.

But it seems a close question and I would probably take Doug's position if
it were my kids -- and be willing to let them take the docked points for the
principle of the thing.

Steve


On Fri, Aug 29, 2008 at 9:48 AM, Douglas Laycock <laycockd at umich.edu> wrote:

> I would argue that the requirement to decorate the assignment indicates
> that this is celebrating or honoring the text, and thus more like an
> affirmation than like a mere requirement that he prove that he knows the
> official text.  And therefore, covered by West Virginia v. Barnette, 324 U.S
> 629 (1943).  He doesn't have to do it.
>
> Quoting Ed Darrell <edarrell at sbcglobal.net>:
>
> > Here's a not hypothetical hypothetical for you.  A family calls you
> > late on a Thursday night for advice on an odd point -- their son
> > thinks the Pledge of Allegiance is too religious, and has arrived at
> > an odd compromise that works for him in school.  But now he has to
> > write out what it is he says.
> >
> > How would you advise the family in this case below?
> >
> > I've become aware of a family who has a child who recites the pledge
> > of allegiance by saying "under law" instead of "under God."
> > Apparently no one has ever noticed.
> >
> > But tonight he has homework to write the pledge of allegiance on paper
> > and to decorate it.  This family is asking what legal ramifications
> > there might be should a teacher take issue with the child writing
> > "under law" instead of "under God."
> >
> > The homework is due tomorrow, Friday.  Can anyone provide anything
> > helpful that I can convey to the family?  Thanks!
> >
> >
> > Not my case, I'm grateful to say.  Not my homework, either.
> >
> > What should the parents do?
> >
> > Ed Darrell
> > Dallas
> >
>
>
>
> Douglas Laycock
> Yale Kamisar Collegiate Professor of Law
> University of Michigan Law School
> 625 S. State St.
> Ann Arbor, MI  48109-1215
>   734-647-9713
>
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-- 
Prof. Steven Jamar
Howard University School of Law
Associate Director, Institute of Intellectual Property and Social Justice
(IIPSJ) Inc.
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