Elementary school teacher in Texas under fire for teaching students their Constitutional rights

Actually the idea is that women are the property of the man that is first in. Until then, they are property of their fathers.
edited to add: Frankly, they don’t seem to think that the state HAS legitimate property rights. But its highest duty is to enforce the property rights of the powerful.

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Obviously it isn’t the important part of the story, but I have to admit that I’m mildly curious to know what the dress code violation was all about.
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This is especially true of Clarence Thomas. Every time a free speech issue with school children ends up in the Supreme Court, he ends up dissenting with the majority, which has pretty consistently held that students have First Amendment rights and that they don’t end at the school door. Thomas doesn’t think children have any rights, really. It’s their parents who have rights, and they have near complete authority over their children. And he believes when the parents send their kids off to school each day, that authority is transferred to the school, who then has near complete authority over the children, in loco parentis.

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It should change nothing as she’s doing nothing wrong, but having found the rest of her tiktoks, she’s not under fire for teaching students their constitutional rights. She’s under fire for her overall political beliefs and they’re just picking and choosing justifications to go after her that they think will stick. This is the state that just made prayer time and the 10 commandments mandatory in every class room.

This is the state where saying the pledge of allegience (and the Texas flag pledge) is required, by law, for all students.

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Citation needed. Current US Supreme Court precedent says that any such law would be unconstitutional and unenforceable. It’s possible Texas, along with many other states, still have some law on the books requiring the pledge, but SCOTUS made it crystal clear that requiring the pledge violates the First Amendment.

The Texas Senate just passed that bill. It isn’t law yet. It’s also clearly unconstitutional.

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You think that matters to this court? They’d enforce it to get it up there.

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Yes, actually, I do. Even this current court isn’t going to reverse that. Thomas might, but none of the others would.

ETA: one of the reasons I’m confident about this is that the Court based it’s decision in the pledge case on freedom of religion, not freedom of speech. The plaintiffs were Jehovah’s Witnesses who said their religion prevented them from saying the pledge.

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Every few years a case comes up where a student wins a settlement if it gets to federal levels, but it’s still enforced, it’s still on the books, students are still disciplined for not following it.

EDIT TO ADD

My bad, you are correct, the law was repealed in 2017. It is, however, still enforced anyway at many school districts.

EDITED AGAIN:

I’m a double idiot. Only the section A was repealed. The pledge is still required by law unless you have a parental note (which some districts require notorized) opting the student out for that year.

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It’s not enforced successfully. As you pointed out, every time they try to enforce it and someone sues, the school loses. And none of those have been successfully appealed either.

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Yeah, I amended it slightly. A note signed by both parents will exempt you from having to say it, but you’re still required to stand. And while some people have successfully fought this, the fact remains, it’s on the books… it’s still enforced to kids… and the kids themselves do not have the right to refuse to say it under the law.

Lots of unenforceable laws are still on the books. Many states still have anti-sodomy laws, too. States usually don’t go back and repeal laws declared unconstitutional. I’m sure some states still have anti-miscegenation statutes, too.

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My point is, it’s STILL ENFORCED. Kids are still getting in trouble to this day. Teachers are getting threatened, schools are getting threatened with defunding. If you get sent to the principal’s office and a write-up , it’s being enforced. Whether it’s unenforcable at the highest court in the land doesn’t matter to the kids getting punished TODAY.

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Look, authorities all over this country violate peoples’rights every day in various ways. And they always will. We have to push back when they do. But it is inaccurate to say that Texas requires students to recite the pledge, which is what you asserted, because they don’t. Yes, some teachers try, and some schools try to back them up, but most actually don’t. Most comply with the established law, which says you can’t make the pledge mandatory.

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I just showed you the Texas law that requires it. We’re in a thread talking about a teacher who is getting punished for it. She’s got multiple tiktoks up about the pledge, including, I’m assuming, the thing at the heart of this situation. The state just required posting the ten commandments and requiring prayer time. They previously required the American flag to be posted with “In God We Trust” and are enforcing that too.

It’s not inaccurate to say what I said. Let me quote exactly from the law:


(b)

The board of trustees of each school district and the governing board of each open-enrollment charter school shall require students, once during each school day at each campus, to recite:

(1)

the pledge of allegiance to the United States flag in accordance with 4 U.S.C. Section 4; and

(2)

the pledge of allegiance to the state flag in accordance with Subchapter C (Pledge), Chapter 3100 (State Flag), Government Code.


I don’t know how more clear that can get. The law is on the books. Teachers and schools are being threatened with it TODAY. DAILY. It’s being enforced. School districts are losing funding in the legislature for violations. That’s HAPPENING. RIGHT NOW.

So you’re just wrong. I’m sorry. The law absolutely says it, it’s absolutely being enforced in texas, and the attorney general is prosecuting it with the governor’s endorsement.

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What are you talking about with the attorney general prosecuting this. It’s not a criminal statute. Paxton backed a school in 2018 that was being sued over this issue, and they lost. I don’t doubt that there are individual schools and teachers trying to enforce this bullshit, but the overwhelming majority of Texas schools are NOT. You are applying isolated incidents to an entire state. It is absolutely NOT legal to force a student in Texas to say the pledge, just like it’s not legal in Texas to arrest someone for engaging in sodomy, even though that law is still on the books, too, and Paxton I’m sure would love to enforce that one too. It doesn’t make it the law. That’s just not how this works.

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You’re in a thread about a teacher getting sanctioned for it in AUSTIN of all places. I have family that grew up there and have kids there that have gotten in trouble for it in the past five years. The law is on the books. I don’t really think there’s much else to discuss here as we seem to be talking past each other, but I’d like to remind you the literal subject of this thread is facing the loss of her livlihod over this law that I posted, that is being enforced, that is happening, and that you think doesn’t exist. We’re literally in a thread about someone it’s happening to. Right now.

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I thought the same thing so I googled. I’ll just leave this here.

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Jesus fucking Christ. I know there’s laws on the damn books. I’ve said that multiple times. They are unenforceable because they are unconstitutional. And that’s exactly why that teacher lost that lawsuit.

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Read the article, it is enforceable if they have a method to opt out.

That’s not why the teacher lost.

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