KLEIN, Texas – A lawsuit claiming a Klein Oak High School student was harassed by teachers, administrators and students because she opted-out of the Pledge of Allegiance was filed Tuesday.
Here are five things you need to know:
1) Students are not required to stand during the pledge of allegiance
In a 1943 case, West Virginia Bd. of Ed. v. Barnette, the United States Supreme Court ruled it was unconstitutional to require students to stand.
The Supreme Court said, “We think the action of the local authorities in compelling the flag salute and pledge transcends constitutional limitations on their power and invades the sphere of intellect and spirit which it is the purpose of the First Amendment to our Constitution to reserve from all official control.”
The Klein Oak student said the only trouble she has been in since starting high school is being written up or reprimanded for not participating in the pledge.
2) Sitting during the Pledge at Klein Oak High School
The 17-year-old, who's mother asked that she not be identified, says she began sitting during her freshman year in 2014.