TEXAS Where the Bill of Rights is Optional

Discuss H&R posts and other Reason articles here.
Post Reply
User avatar
Posts: 17946
Joined: 26 Apr 2010, 20:18
Location: Great White Pacific Northwest

TEXAS Where the Bill of Rights is Optional

Post by Aresen »

The Texas Attorney General Wants to Make the Pledge of Allegiance Compulsory
Texas Attorney General Ken Paxton's website says "Liberty and Justice for Texas" in big letters at the top. He seems to have a funny idea of what "liberty" means, though. He thinks the State of Texas can force students to stand for the Pledge of Allegiance.

India Landry, 18, was expelled from a high school in Katy, Texas, because she has repeatedly refused to stand for the Pledge. Landry is suing the school district in federal court, arguing violations of her civil rights. Now Paxton, as the state's top prosecutor, is asking to intervene in the federal case.

To say that court precedent is on Landry's side may understate things. A Supreme Court decision from all the way back in 1943 makes it very clear that public schools cannot force students to salute the flag or recite the pledge.

You might expect that as the state's attorney general, Paxton would be defending Landry's free speech rights here. Nope: He wants to argue that Landry cannot refuse to stand for the flag without her parent's permission. It seems that Texas schools have opt-out forms that parents are expected to sign to give children "permission" to not stand. In a press release, he claims, quite incorrectly, "School children cannot unilaterally refuse to participate in the pledge."

Landry's mother is supporting her lawsuit, which makes Paxton's approach more than a little strange. Even stranger is the Supreme Court precedents he's attempting to use in his motion to justify his position. He quotes Texas v. Johnson and Spence v. Washington, in which the Court said, "there is a special place reserved for the flag in this Nation, and thus we do not doubt that the government has a legitimate interest in making efforts to 'preserv[e] the national flag as an unalloyed symbol of our country.'" But this quote comes from a Supreme Court case affirming the right to desecrate the flag as a form of protected speech! The decision specifically forbids the government from punishing citizens for disrespecting the flag.

This unconstitutional wankery can be explained by election-year politics and by the fact that Landry is reportedly refusing to stand for the pledge to show her support for kneeling NFL players. In other words, Paxton is supporting the school district punishing a black student for participating in a protest that is fundamentally about how people in authority abuse their power to punish black people.
If Trump supporters wanted a tough guy, why did they elect such a whiny bitch? - Mo

Those who know history are doomed to deja vu. - the innominate one

Never bring a knife to a joke fight" - dhex
User avatar
Posts: 31585
Joined: 06 May 2010, 12:56
Location: Back to the lab again

Re: TEXAS Where the Bill of Rights is Optional

Post by thoreau »

Are they pledging their allegiance to Texas or the US?
"...if that monkey gets any smarter it's going to start shorting TSLA."
User avatar
Eric the .5b
Posts: 15837
Joined: 26 Apr 2010, 16:29

Re: TEXAS Where the Bill of Rights is Optional

Post by Eric the .5b »

Some random conservative twit pulls this every few years, somewhere in the country.
"Better that ten guilty persons escape than that one innocent suffer."
Cet animal est très méchant / Quand on l'attaque il se défend.
Post Reply