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Feb. 05, 2008
Copyright © Las Vegas Review-Journal

Student's stand: not to stand

Teen says he was kicked out for not standing for Pledge of Allegiance

By PAUL HARASIM
REVIEW-JOURNAL

Devon Smith, 16, and his mother, Donna Pearson, talk Monday about Devon getting kicked out of class at Spring Valley High School. He said a teacher told him to go to the dean's office for refusing to stand for the Pledge of Allegiance.
Photo by John Gurzinski

Devon Smith, a Spring Valley High School sophomore, said what he did Monday morning was no different from what he's done since the eighth grade -- he neither recited the Pledge of Allegiance with other students nor did he stand silently while classmates took part in the recitation.

What was different, the 16-year-old said, was teacher Susan Rheinwald's reaction to his lack of participation.

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    • He got kicked out of class.

    "I wasn't being disruptive," he said Monday afternoon while sitting with his mother on the couch in their Spring Valley home. "I don't believe we are 'one nation under God' as the Pledge says. I don't believe in God. So I was just sitting there. That is my right."

    In 1943 the U.S. Supreme Court ruled in a case involving Jehovah's Witnesses that public school students may not be compelled to recite the Pledge of Allegiance, finding that the First Amendment of the Constitution protects a student's right not to engage in certain speech.

    In 1973 and 1978, the 2nd and 3rd U.S. circuit courts of appeals, respectively, also ruled that public school students could not be forced to stand silently while others recited the pledge. "It can no more be required than the pledge itself," the 2nd Circuit ruled.

    Though Rheinwald was unavailable for comment, Spring Valley Principal Bob Gerye said Smith was not booted from class because he wouldn't recite the pledge. "A student has that constitutional right," Gerye said.

    "There's more to it," he said, declining to say what prompted the discipline. He did not say Smith was disruptive.

    Gerye said he did not know whether Rheinwald told Smith to leave because he refused to stand during the pledge.

    "I'll have to look into that," he said.

    Further attempts to reach Gerye late Monday were unsuccessful.

    "After I told her (Rheinwald) that I don't recite the pledge, she said I didn't have to say it but that I had to stand while others did," Smith said. "When I told her 'I don't do that,' she told me to get my stuff and go to the dean's office."

    Gary Peck, executive director of the American Civil Liberties Union of Nevada, said this is far from the first time that the ACLU has heard about "unwarranted" discipline being handed out in connection with student involvement in the Pledge of Allegiance.

    "It is troubling to me," said Peck, "that we have to deal with this issue over and over again with the (Clark County) school district. I want to be fair to the teacher. I feel the teacher is unclear as to a what a student's rights are in this situation. It's more of a district problem than an individual teacher problem or even an individual principal problem. It is incumbent on the school district to educate their people on what the rights of students are.

    "This is an issue of fundamental constitutional rights. As long as the student isn't being disruptive, it is his right to sit silently," Peck said.

    Though Smith was told to go to the dean's office by Rheinwald, he phoned his mother, Donna Pearson, who told him to come home.

    "I felt it best that we wait a day before discussing this," Pearson said. "I was upset."

    Like her son, Pearson does not believe in God. She is a member of the Wiccan faith, though her son says he is not.

    Wiccans worship the earth and believe they must give to the community. Some consider themselves "white" or good witches, pagans or neo-pagans.

    "I never say the pledge either, so my son may have got that from me," she said. "But I don't know whether I would have the courage at his age to stand up for what he believes in. That took guts. I'm proud of him."

    Pearson thinks teachers could feel threatened by a student who refuses -- no matter how respectfully -- to do what is asked.

    After he has declined to recite the Pledge of Allegiance in other classrooms, some irritated teachers suggest that "they wish I had to go fight in Iraq," Smith said.

    Peck said he can't "crawl into the heads" of teachers but said "when you're dealing with free expression, it is incumbent to respect that right."

    He said Smith's teacher could have used Smith's situation as "a teaching tool" to let students know how rights of Americans are protected under the Constitution.

    Smith has been at Spring Valley High School for only a couple of weeks. He said he was expelled from Durango High School for writing on a restroom wall. His mother said a juvenile court ordered community service for the tagging and made him pay a fine.

    After spending nearly two months at an alternative school where he won a "Star of the Week" award for being the best behaved student, he entered Spring Valley.

    "I learned my lesson," said Smith, largely a "B" and "C" student.

    "He lost his privileges for two months, we didn't let him get his driver's license," said Pearson. "He won't do that again."

    Pearson said she just wishes teachers would learn their lesson about the Pledge of Allegiance.

    "There are some students who don't believe in God. And there are others who don't want to pledge allegiance to a flag that stands for a country where there is not enough justice and liberty," she said.

    Contact reporter Paul Harasim at pharasim@reviewjournal.com or (702) 387-2908.

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    Kaida wrote on September 03, 2009 12:10 AM: Just because he does not believe in your particular religion does not make him not care about the veterans, or where this country came from. It is his constitutional right to not stand or recite the pledge, and seeing as the "One nation under God" (See that Capital there, that denotes the Christian God, it's a proper name) did not come out until the 1950s when the cold war was in full swing and we were separating ourselves from the Communist countries who we professed to be so much better than, (which by the way, Devon wouldn't have had this right there) I do not blame him for not saying it. If he was being disruptive, then I believe that the principal would have said so, in defense of his school and faculty. He did not, so I doubt that was true, or had anything to do with it. The biggest problem I have with this article, (besides the huge amount of closed minded ignorant individuals frothing at the mouth while they comment) is the useless filler about the young man's -mothers- religion. What does his parent's religion have to do with it? If she had been 7th Day Adventist (Many see the Under God part as idolatry) the line would have never appeared. Tell me, America, how many of you commented not because of the Unconstitutional action placed against this child, but because of his mother's personal beliefs? Need I remind you that those beliefs are also protected by the same constitution that gives him the right to decline to stand or say a pledge that few believe in today anyway?

    Think before you act. The world is a complicated place, and with out thought, there is only blind chaos and apathy.


    Arthur wrote on June 13, 2009 08:32 PM: As a Pagan/Wiccan myself I can understand his not wanting to recite the One Nation under God part. And he shouldn't have to say it if he chooses not to. But on the other hand as one who loves my country,I feel it important to recognize the sacrifice the men and women of our Armed Forces, the founders of our country who wanted the freedom of religion first. Hence the First item is the Freedom of speech,freedom of religion.Second item is the right to bare arms to defend that right.Freedom isn't free.I love my country as messed up as it is simply because I know there are other countries where there is no such thing as freedom of religion,no freedoms at all. Or as a second option instead of saying One Nation Under God...make it Under Gods. Saying that at the same time no one will know the difference.Since nowhere in the article does he state he doesn't love his country then the options provided should suffice.


    Alexandra wrote on September 10, 2008 02:02 AM: I was a student at that school in 2006/2007, I never had that teacher, but I refused to say the Pledge of Allegiance as well because of my Wiccan beliefs so I can understand where he is coming from. Honestly I was never a fan of that school anyway, my grades were usually D's and F's. There were some teachers who were great, but others I wasn't a fan of. After not receiving my Certificate of Attendance from Spring Valley High School, I went back to my previous state and got my diploma there, Spring Valley having told me that since I already walked I was unable to get my diploma. I still never received my Certificate of Attendance, but I am glad to have ignored what they told me and went elsewhere to get my diploma. What I'm trying to say is that there are better schools than Spring Valley High School, even homeschooling would be a better option!


    Friends wrote on July 24, 2008 02:51 AM: Goooo devvoonnn! ha


    Carleen wrote on April 02, 2008 02:13 PM: What you people are not paying attention to is he didn't do it to disrespect the military, or to disrespect any of you, or his country. He is following his own faith and not forcing his faith on any of you. Can you say the same? The quote he was against was "One Nation Under God". We are a nation of diversified religions and have several different faiths and beliefs. Can you honestly prove your concept of GOD is better than anyone else's. How many people have had to die over one persons concept of God? Think about it!


    Bill Babnick wrote on March 17, 2008 04:18 PM: I can see our future generation falling further and further away from God. Why does noone want to honor our Nation? Why do we have so many kids going to school and opening fire on other students and teachers? Why does the youth of today have no respect and no fear of athority? Because we forgot how to be Americans! We took corperal punishment out of the school system. We took prayer out of school. We are teaching our kids we have all these right yet we forget why and how we have kept our rights for all these years. I am sure that all our fallen father are very prowd to look down upon this great nation and see this kid, other children and almost all the youth of today that have no respect for them and the batles they fought, and all of them that died so that he could have "That Freedom".
    If my kid went to school there, I would send him to school the next day and tell him to whoop that skinny kids a$$ and to let him know that he "my son" has the right to defend his grand fathers name, and stand up for his country and for What He belives in!


    26 Year Military Vet wrote on March 04, 2008 05:37 PM: Chris Benjamin,
    I was in the military for 26 years - just retired a year ago. Great experience!

    And yes, for the most part, I was kidding around with Percy's comments. But I'll admit that this kid's actions hit a nerve with me.


    Mike I wrote on March 04, 2008 08:47 AM: Blame the parents for raising a disrepectful kid.. If you don't want to Pledge Allegiance to the Flag than go live somewhere else.. It is true...that this country will destroy itself from within.. Kudos to the teacher that threw this kid out.. Good for her... There should be more like her..


    Chris Benjamin wrote on March 03, 2008 10:02 PM: I'm just guessing but I assume Percy and 26 Year Military Vet are being facetious. (You crazy kidders are funny:)

    And hey, to the vet, is it 26 year old military vet, or were you in the military for 26 years?

    Personally, I think if this kid was being disruptive to the point where it interfered with, or distracted the attention of, those who were trying to pledge allegiance to the flag, then he should be disciplined. If you don't want to recite the pledge or stand, then the courts have ruled you have a right to sit there unobtrusively... without disrupting the occasion. But sighing loudly, muttering geeze under your breath, and rolling your eyes is not a sign of respect or reverence.


    Percy wrote on March 03, 2008 05:15 PM: I agree with you 26 year old military vet, in addition to Devon being wrestled by two sweaty stinky muscular men just wearing jock straps, it would be even better if the had really stinky unwashed asses and made Devon clean them. He should then be owned by the high school football team as a slave for the next season allowing each player to use Devon as they please :-)


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