September 29th, 2016

On a very important Friday night in Brunswick, Ohio, Blue Devil Quarterback Rodney Axson made a fateful decision and became the first high school student to follow the example of San Francisco 49ers Quarterback Colin Kaepernick in protest of xenophobic bigotry and police violence against young African American men (and women) like himself.

Axson’s principal and others responsible for his education, came to his support. Others have not been so fortunate. The numbers of other high school athletes following the example of Kaepernick and Axson is growing and we should all be very happy about that. What we must deplore is the violent reaction of xenophobic bigots of those tasked with shepherding student’s education unable to fathom how to properly exercise our Constitutional rights.

Zaid Jilani and Naomi LaChance, reporting in Students Are Pulling a Kaepernick All Over America—and Being Threatened for It for The Intercept, write:

Students are being threatened with punishment for not participating in rituals surrounding the national anthem or Pledge of Allegiance—and they are fighting back.

Since NFL 49ers quarterback Colin Kaepernick sat during the national anthem in August to protest oppression of people of color, many Americans, particularly professional athletes and students, have followed suit. But their constitutional right to engage in such gestures of dissent is not always being respected.

Threats from school administrators and teachers have put free speech advocates like the ACLU on high alert. At Lely High School, a public school in Naples, Florida, the principal told students that they would be removed from athletic events if they refused to stand during the national anthem — though he said the quote was misunderstood when the ACLU of Florida reached out.

“You will stand, and you will stay quiet. If you don’t, you are going to be sent home, and you’re not going to have a refund of your ticket price,” Lely High School Principal Ryan Nemeth told students.

Nemeth was flat out wrong.

“The Supreme Court ruled in 1943 that public schools may not constitutionally force students to salute the flag,” Lee Rowland, a First Amendment attorney who works with the ACLU, told The Intercept. “That ruling is crystal clear about a student’s right not to be compelled into patriotism by their government, and it is over 70 years old.”

The ruling that Rowland references came after many Jehovah’s Witnesses in the United States began to refuse to salute the flag in solidarity with their brethren in Nazi Germany who were being arrested for refusing to salute that country’s fascist flag.

The action by the American Jehovah’s Witnesses provoked a backlash, and a number of followers of the faith were persecuted for refusing to salute. In West Virginia, a family of Jehovah’s Witnesses brought suit after their children were sanctioned for doing so.

The court ruled in favor of the family. In his opinion, Supreme Court Justice Robert Jackson wrote, “Compulsory unification of opinion achieves only the unanimity of the graveyard.”

Nemeth is just one example of how adults in schools are behaving like petulant children.

In Worcester, Massachusetts, a high school football player was told that he would be forced to sit out a game for kneeling during the national anthem — since then, his suspension was terminated.

“I’m standing up for the injustice that happens to black people every day, not just cops killing black people. We are disrespected and mistreated everywhere we go on a daily basis because of our skin color and I’m sick of it,” Mike Oppong, a junior at Doherty Memorial High School, told a reporter.

A student at Lower Lake High School in Lower Lake, California, Leilani Thomas, was punished for the first time since she first began sitting out the Pledge of Allegiance in second grade.

Thomas, a member of the Native American Pomo Tribe, is protesting the United States’ systematic abuse of native peoples. After a teacher lowered her grade for sitting, the school moved Thomas to a class with a different teacher.

“[The teacher] told me I was being disrespectful and I was pretty mad,” Leilani told ABC 10. “She was being disrespectful to me also, saying I was making bad choices, and I don’t have the choice to sit during the pledge.”

Too many people feel that the primary function of our education system is to impose a respect for authority and blind obedience to power. In a free society, neither must be true.

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