UPDATE::Elmira school district: Students can sit during Pledge of Allegiance | Star-Gazette | stargazette.com

“The first I have heard of any allegation such as this was in the letter sent to the district (Tuesday) from The Appignani Humanist Legal Center, indicating that a female sophomore had reported such a claim,” Elmira Superintendent Hillary Austin said in an email Wednesday.

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The statement read, in part: “As a general matter, the District is very well aware of each student's right under United States Supreme Court and Second Circuit Court of Appeals precedent to decline participation in the Pledge. The District also welcomes community dialogue on freedom of speech, civic engagement, and the right to be free from political compulsion. ”

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Austin said the district does plan to respond to the association.

• The district’s email to staff outlined the following points:
• Students cannot be compelled to salute the flag, recite the pledge, or even stand in silence.
• Students cannot be excluded from the room during the pledge.
• Students must be permitted to sit quietly during the pledge

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• District employees may not retaliate against students who opt out and should appropriately take and refer complaints from students regarding any inappropriate behaviors without taking sides in the debate,,,
• All students may have opinions on the matter and may express those opinions in appropriate settings and at appropriate times,,,

Elmira school district: Students can sit during Pledge of Allegiance | Star-Gazette | stargazette.com

Group Condemns Teacher Who Allegedly Bullied Atheist Student For Opting Out Of Pledge

Another student "not standing" for her rights,,,

The American Humanist Association condemned New York's Elmira City School District on Tuesday for allegedly breaching an atheist student's constitutional right to opt out of reciting the school's daily Pledge of Allegiance.

The Southside High School sophomore, who took issue with the pledge's "under God" clause, sought legal assistance from the secular advocacy group after her high school teacher reportedly threatened her with disciplinary action if she did not rise for the daily oath.

According to an AHA press release Tuesday, she was also told by the teacher "in front of her classmates that not standing for the Pledge 'is disrespectful to America and to military personnel.'"

The latest allegation is not an isolated incident at Southside, however, the AHA claimed.

"Pledge exercise at Southside High goes beyond just the classroom mentioned above. We have been informed that teachers -- and even an administrator -- in your school have inappropriately pressured students to participate in the Pledge exercise," Tuesday's letter stated. "For example, students have been told that nonparticipation is disrespectful and unpatriotic, that nonparticipation would itself be disruptive, and that participation is expected because nonparticipation would encourage others to opt out."

Group Condemns Teacher Who Allegedly Bullied Atheist Student For Opting Out Of Pledge

Community sounds off after school punishes boy for refusing to stand for pledge | khou.com Houston

Two roads diverged in a wood, and I—I took the one less traveled by, And that has made all the difference ~ Robert Frost, 1915
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In 1943 one of the landmark First Amendment cases was decided. West Virginia State Board of Education v. Barnette (1943), is a decision by SCOTUS holding that protected students from being forced to salute the American flag and say the Pledge of Allegiance in school. In other words, no student has to stand up for the Pledge.

Obviously a case that not many in Needvile are aware of, school administration included. As for Mason's reasoning, though not religious in nature, it is still protected "speech."

“I’m really tired of our government taking advantage of us,” said Michalec. “I don’t agree with the NSA spying on us.”

Most folks around town Thursday had just one reaction to Mason sitting it out.

“Oh that’s wrong,” said Needville resident Peggy Janczak.

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Only one man KHOU11 spoke to, saw things another way.

“The kid’s well-spoken and he’s well-informed,” said Needville neighbor Dean Reese. “It’s not like he’s ignorant, he’s not doing it to make people mad. He’s doing it because of his personal beliefs.”

Reese believes punishing Mason for speaking his mind, sends the wrong message.

“I’m a veteran, I’m not real big on flag-burning or anything like that, but this

Community sounds off after school punishes boy for refusing to stand for pledge | khou.com Houston

An Addendum of sorts:

As I was contemplating reading through the precedent set by the West Virginia State Board of Education v. Barnette case, a few thoughts came to mind.  One being the Robert Frost poem "A Road Less Traveled" which triggered almost immediately the movie Dead Poets Society (1989) and the following clip about conformity:

I'm not sure which "thought" came first, but either way, both are illustrated by this incident in Texas.

In the movie Dead Poets Society (1989), Robin Williams' character John Keating had it right in regards to conformity, "Now we all have a great need for acceptance, but you must trust that your beliefs are unique, your own, even though others may think them odd or unpopular, even though the herd may go [imitating a goat] that's baaaaad." Robert Frost said, "Two roads diverged in the wood and I, I took the one less traveled by, and that has made all the difference."

The character Dalton, gets it right, just as Mason does with his POV against standing and saluting the flag while reciting the Pledge, "I'm exercising the right not to walk."

A second thought that came to mind:

If all mankind minus one, were of one opinion, and only one person were of the contrary opinion, mankind would be no more justified in silencing that one person, than he, if he had the power, would be justified in silencing mankind. The peculiar evil of silencing the expression of an opinion is, that it is robbing the human race. If the opinion is right, they are deprived of the opportunity of exchanging error for truth.We can never be sure that the opinion we are endeavoring to stifle is a false opinion; and if we were sure, stifling it would be an evil still. (John Stuart Mill. On Liberty. 1859)