Threats of discipline are clearly coercive. Being sent to the principal's office is a form of discipline in many schools. But not every conversation between teacher and student about the student's behavior is discipline; not even every conversation between principal and student is discipline. School officials could have talked to her about their perception of the value of the Pledge, or about the likelihood of making better relationships with her new classmates. But given the realities of student-administration relationships, such conversations are likely to be coercive unless they expressly acknowledge that the choice is ultimately up to the student.
Scarberry, Mark wrote:
Putting aside the issues raised by "under God" in the Pledge:
Can it be true that the school has no right to try to convince students to
show respect for the flag and for the country? Must the school be neutral on
the value of showing such respect? Schools routinely try to convince
students of various matters -- the need for good nutrition, why smoking is
harmful, why we should recycle, the importance of resisting peer pressure
with regard to use of drugs, etc.
It seems to me that Barnette stands for the proposition that a school may not require a student to express a patriotic sentiment; it does not stand for the proposition that the school must be neutral on the value of patriotic expressions (or on other issues). If the school were required to be neutral, the school could hardly sponsor and invite participation in a patriotic exercise--which Barnette certainly does not prohibit. If being called in to the principal's office is best seen as punitive or seriously coercive, then Barnette prohibits it. That may be the best view here, but I think we should be careful not to think that the school must be neutral. A friendly, noncoercive chat about the value of patriotism and the good reasons for making a patriotic expression would not violate Barnette. Of course, it may be difficult to think that a mandated visit to the principal's office would be for a friendly and noncoercive chat.
Mark S. Scarberry Pepperdine University School of Law
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