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Last October, 17-year-old India Landry was in the main office of her high school in Texas when the school intercom cracked. It was time for the oath of allegiance.
His classmates stood almost in unison throughout Windfern High School outside of Houston. But Landry sat there and did not recite it. The principal, Martha Strother, according to court documents, immediately took action. "Well, you're being expelled from here," she told Landry.
The school secretary has relied on the symbolism of Landry's act, which is black.
"It's not the NFL," she said. The archive shows Landry's actions at the protests of former quarterback Colin Kaepernick, who knelt on the national anthem to protest police brutality.
Landry was deported, but was later allowed to return to school later, court documents show.
Now the Attorney General of Texas has intervened in the federal case and defended a Texas law that Landry challenged as unconstitutional. It requires students to recite the undertaking or obtain permission from a parent or guardian if they wish to withdraw.
"Requiring that the promise be made at the beginning of each school day has the commendable result of promoting respect for our flag and the patriotic love of our country," said Attorney General Ken Paxton on Tuesday. Twenty-six other states have similar laws, said Paxton.
His comment included a wink not subtle to a popular Republican attack on the NFL protests, which President Trump had echoed, namely that he lacked respect for the American flag and, by extension, to US troops and veterans.
Landry's lawyer, Randall Kallinen, a civil rights lawyer and former president of the ACLU's Houston Chapter, said the conversation surrounding the protests and the ensuing political storm is an important context.
Ten days before Landry refuses to rise and recites the pledge, Trump suggests the NFL owners fire the players who kneel. This was one of the most memorable moments of the debate around the protests.
"Before this case, I've never heard of a school forcing children to be candidates for the oath of allegiance," Kallinen told the Washington Post on Wednesday, citing thousands of requests for Assistance in his career. "Then, in two weeks, I had three calls."
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Kallinen described the decision and the wording of Paxton's announcement as politically motivated to galvanize Conservative voters ahead of the November elections.
A Paxton spokesperson did not return a comment request.
A recent survey by Quinnipiac University found that 54 percent of likely Texas voters "disapproved" of NFL protests, the Texas Tribune reported.
Kallinen refused to make Landry available for an interview, citing the ongoing litigation, but said his actions were partly inspired by Kaepernick's protest against police brutality. She refused to appear more than 200 times at the pledge, according to court documents.
Last spring, Landry's refusal prompted one teacher to send her away and another sent her to the principal's office. District school lawyers did not immediately respond to calls for comment.
"I felt that the flag does not represent what it represents, freedom and justice for all, and I do not feel what is happening in the country, so it was my choice to sit in silence. It was a silent protest, "Landry told NBC Houston in July.
This came after the judge dismissed the claims of the independent school district of Cypress-Fairbanks to dismiss the case.
According to the lawsuit, the deputy head of the school told India that she "would represent the commitment as the other African-American in her class." The principal, Strother, also suggested that Landry talk about black justice issues instead of refusing to show up.
That, and connections with NFL protests by school officials, led Justice Keith P. Ellison, of the South Texas District Court, to advance claims of breaches of protection. equal.
These comments "signal that [school officials] see India's choice to sit for the promise as specifically related to India's race and the treatment of people of her race, "Ellison wrote in his July ruling.
In 1943, the Supreme Court ruled that students could not be forced to take the oath of allegiance. The plaintiffs in this case were Jehovah's Witnesses, whose religion forbids them from taking the oath.
Cleve Wootson contributed to this report.
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