DETROIT – The ACLU of Michigan and Arab American Civil Rights League today filed a federal lawsuit against the Plymouth-Canton Community Schools District and one of its employees for violating the First Amendment Rights of D.K., a 14-year-old middle school student whose teacher repeatedly and publicly humiliated her for refusing to stand and recite the Pledge of Allegiance.
D.K., who is of Palestinian descent, is highly disturbed by the thousands of killings occurring in Gaza. D.K. believes that the deaths were financially supported, and either implicitly or expressly supported, by the U.S. government. Because of her political beliefs, D.K. quietly declined to stand and recite the Pledge of Allegiance with her classmates on three separate occasions in January. In response, her teacher disrupted the class and chastised D.K., telling her that remaining seated was disrespectful to U.S. military forces and the flag, and that she should stand.
When, on one occasion, D.K. approached her teacher after class privately to explain why she did not want to stand and recite the Pledge of Allegiance, the teacher responded by saying: “Since you live in this country and enjoy its freedom, if you don’t like it, you should go back to your country.”
As a result of her teacher’s actions, D.K. has suffered extensive emotional and social injuries. These include, among other things, inability to sleep, recurring nightmares, adoption of a more guarded demeanor, and high levels of stress. Her weakened emotional state has compromised her physical health. D.K. has also suffered social isolation during a period when contact with peers is highly valued and necessary for D.K.’s wellbeing. The impact of these incidents has negatively affected D.K.’s academic performance – a student with a nearly perfect record.
By attempting to force D.K. to stand and recite the Pledge of Allegiance, the school district violated D.K.’s right to free speech and expression, and in particular, her right to express her political views. The right to sit or be silent during the Pledge of Allegiance is a basic right which is protected by the First Amendment of the U.S. Constitution. These actions have created an atmosphere of intimidation that has made D.K. and her class members fearful of exercising their First Amendment rights.
The lawsuit seeks a judgment that defendants’ actions were unconstitutional and damages.
Bonsitu Kitaba, interim legal director for the ACLU of Michigan said this about the case:
“The right to freely speak – or not speak – is a form of protest that is fundamental to a well-functioning democracy – even when its exercise creates controversy or makes others uncomfortable. As we see heightened attacks on our civil rights and liberties across the nation, the ACLU will remain vigilant in its fight to protect the rights of all people who wish to protest today and those whose rights will need protection tomorrow.”
Mark Fancher, staff attorney for the ACLU of Michigan’s Racial Justice Project, said this about the case:
“When you consider the controversial nature of the issue that our young client chose to address, along with the toxic political climate and hostility that are characteristic of this period, we can only marvel at the conviction and incredible courage it took for her to follow her conscience, and her heart. It is tragic that, while we always hope our schools will encourage young people to be independent, critical thinkers, D.K.’s teacher and the school district failed her not only by violating her First Amendment rights, but also by humiliating her for daring to exercise them.”
Attorney Nabih Ayad, of the Arab American Civil Rights League, said this about the case:
“It is disturbing that a teacher who is trusted to teach our children would succumb to such insensitivities to one of her students knowing that the student is of Arab Palestinian descent, and knowing of the many deaths overseas in Gaza of family members of Palestinians living in metro Detroit, that she would add insult to injury and call the student out for simply exercising her constitutional right not to partake in the Pledge of Allegiance as a sign of protest. That teacher most definitely should have known it is every student’s right in this country to not stand for the Pledge of Allegiance regardless of your personal views.”
Read the lawsuit here.
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