School Resources & Training Institute
Legal and Liability Article Database

For assistance with this database contact us at information@school-training.com or at 800-365-0119.
Return to SR-TI Article Index

PATC Article Detail


Title: Student Punished For Silently Raising Fist DuringPledge of Allegiance
Author: Jack Ryan
ID: LL109
Issue: SU1-5
Issue Date: 2004-09-01
Edition: School
Type: Article

Body: Michael Holloman filed a lawsuit against his teacher and the school board following his punishment for silently raising his fist during the pledge of allegiance. Holloman also challenged his public school teacherís daily ritual of conducting a silent moment of prayer in the school. (See Holloman v. Harland, 370 F.3d 1252 (11th Cir. 2004).

Hollomanís protest to the pledge of allegiance began when another student, Hutto, who had received a scholarship to the Air Force Academy, refused to say the pledge of allegiance. The school principal threatened to report this behavior to Huttoís recruiter and the congressman who had recommended Huttoís appointment. Hutto ended up abandoning his protest and apologized to the class.

After observing what had occurred with Hutto, Holloman decided to conduct his own protest. During the pledge of allegiance, he stood with the other students, but raised his fist and remained silent. His teacher reported this conduct to the principal. Holloman was called into the principalís office and given a punishment of four days detention. Due to the fact that there was only three days left before graduation he was given the option of a paddling, which he accepted.

The trial court had dismissed the claims against the teacher and the principal on a summary judgment motion, prompting this appeal before the United States Court of Appeal for the 11th Circuit.

The 11th Circuit reversed the findings on behalf of the teacher and the principal. The court concluded that this was not a close call in that the law with respect to forcing a student to recite the pledge of allegiance was clearly established. Students cannot be forced to recite the pledge. The court also found that the case could go forward with respect to Hollomanís claim on the silent moment of prayer since such a silent moment in a public school would violate the Establishment Clause of the Constitution.



Citation 1:
Citation 2:
Citation 3:
Keywords:
Other Information: