November 25, 2009
Judge Tom
1

Can I stay seated during the Pledge of Allegiance?

Ten-year-old Will Phillips did just that on October 5, 2009. A fifth-grader at West Fork Middle School in Arkansas, Will remained in his seat while the rest of the class stood to recite the Pledge of Allegiance (written by Francis Bellamy in 1892).

WillPhillpsPledge2The Pledge is more than a rote recitation of words to Will. The concluding phrase means something to Will . . .”with liberty and justice for all.” He explained that he and his family have gay and lesbian friends and that they are not treated equally regarding the right to marry.

“I’ve grown up with a lot of people and I’m good friends with a lot of people who are gay and I think they should have the rights all people should, and I’m not going to swear that they do,” Will stated.

For four days his substitute teacher urged Will to stand during the Pledge. When she brought up knowing his mother and grandmother and that they would want him to stand, Will blew up. He told her “With all due respect, ma’am you can go jump off a bridge.”

He was sent to the principal’s office and his mother was called. Knowing that Will did not have to recite the Pledge or stand during its recital, she asked for an apology from the teacher. Will’s father commented, “He felt that just because he’s ten years old doesn’t mean he doesn’t have opinions, doesn’t mean he doesn’t have rights, and doesn’t mean he can’t make a difference.”

When Will was asked by a reporter what being an American meant to him, he said, “Freedom of speech – the freedom to disagree.” Are you surprised to read about this ten-year-old with such strong opinions? Did you watch his interview on CNN? Whether you agree with Will or not on the issue of gay rights, would you take a stand on something you felt strongly about – even if it resulted in unwanted attention at school or from the media?

Note: In 1940, the U.S. Supreme Court voted 8-1 that schools can discipline a student for refusing to salute the U.S. flag (Minersville School District  v. Gobitis). However, three years later, the Court reversed itself and ruled 6-3 that such a requirement violates the student’s free speech rights. (West Virginia State Board of Education v. Barnette (1943).

As of 2015, 46 states require public schools to take a moment during the school day for reciting the Pledge of Allegiance. Vermont, Iowa, Wyoming and Hawaii do not.

Watch Will’s interview on CNN below:

Judge Tom

The Author Judge Tom

Judge Tom is the founder and moderator of AsktheJudge.info. He is a retired juvenile judge and spent 23 years on the bench. He has written several books for lawyers and judges as well as teens and parents including 'Teen Cyberbullying Investigated' (Free Spirit Publishing) and 'Every Vote Matters: the Power of Your Voice, from Student Elections to the Supreme Court' (Free Spirit Publishing). In 2020, the American Bar Association published "Cyberbullying Law," the nation's first case-law book written for lawyers, judges and law students. When he's not answering teens' questions, Judge Tom volunteers with the American Red Cross and can be found hiking, traveling and reading.

Find great resources in our

Teen Help Network

Leave A Comment

1 Comment

  • donnie
    January 19, 2010 1:02 pm count( 0 )

    omg yes, thank you man, see he knows whats up, people dont get treated fairly at all, in many ways in fact. “gays” n “lesbians” are treated as tho they are a different type of “person”. no, they are the same. yes, i do accasionaly crack a joke or two, but i do not see them as any less of a person then myself.