The justices affirmed a lower court’s decision that said: “The salute to the flag is an expression of the homage of the soul. To force it upon one who has conscientious scruples against giving it, is petty tyranny unworthy of the spirit of this Republic and forbidden, we think, by the fundamental law.”
But the justices apparently forgot to say, too, that schools couldn’t demand students pledge allegiance to any other country’s flag, and that failure has led to a lawsuit over a Texas school’s actions being brought before the full panel of the 5th U.S. Circuit Court of Appeals.
At issue is the punishment by the school, the Achieve Early College High School in McAllen, Texas, of Brenda Brinsdon, then a 15-year-old sophomore, several years ago.
She declined to pledge allegiance to the Mexican flag when her Spanish instructor demanded it of her....