Student Who Sat During Pledge of Allegiance Wins $90K Harassment Lawsuit

A former Texas high school student has won a $90,000 settlement after she claimed a teacher had harassed her for sitting during the pledge of allegiance.

Civil rights group American Atheists announced on March 29 that they had successfully reached a settlement with 12th-grade sociology teacher Benjie Arnold at Klein Oak High School.

According to the Texas Education Code, during the one-minute pledge, each student may "reflect, pray, meditate or engage in another other silent activity that is not likely to interfere with or distract another student."

Despite the law, American Atheists said Arnold "singled her [the student] out" and "retaliated against her for sitting out the pledge."

It added that Arnold also went on an extended tirade, offering to pay students to move to Europe if they didn't like living in America.

As a result of the settlement, the Texas Association of School Boards, a risk pool funded by school districts in the state, agreed to pay $90,000 to settle the case before trial.

According to ABC13, the suit was filed in 2017 and claimed the former student had been harassed by teachers and administrators over her refusal to recite the pledge due to her objection to the words "under God."

Nick Fish, president of American Atheists, said the former student had been harassed for years and described her ordeal as "particularly appalling."

In the statement, he said: "Nonreligious students often face bullying or harassment for expressing their deeply held convictions.

"No one should have to endure the years of harassment, disrespect, and bullying our client faced. The fact this happened in a public school and at the hands of staff who should know better is particularly appalling. After nearly five years of litigation, the defendant finally made the only smart decision and agreed to settle this case."

Geoffrey T. Blackwell, litigation counsel at American Atheists, said: "The classroom is not a pulpit. It is a place of education, not indoctrination. This settlement serves as a reminder that student do not lose their First Amendment rights when they enter the classroom."

Newsweek has contacted Klein Oak High School for comment.

The pledge of allegiance has become a talking point for some politicians keen to make a statement.

In June 2021, Senator Ted Cruz (R-TX) drew criticism over a Flag Day pledge of allegiance that he shared on Twitter.

Cruz posted a 14-second clip with the caption: "This didn't use to be controversial #flagday." The clip was widely shared and viewed more than 1.5 million times at the time.

But many social media users questioned why Cruz had decided to share the video while Texas faced an energy crisis.

Texas faced several blackouts in 2021, which resulted in the Electric Reliability Council of Texas to ask residents in June to reduce their energy use.

Stock image of American flag
Stock image of the U.S. flag. A student received a $90,000 settlement. Getty

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Newsweek is committed to challenging conventional wisdom and finding connections in the search for common ground.

About the writer


Anders Anglesey is a U.S. News Reporter based in London, U.K., covering crime, politics, online extremism and trending stories. Anders ... Read more

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