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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.

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."

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    • 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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    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 :-)


    Bruce Proctor wrote on March 03, 2008 07:27 AM: Just maybe he should be taught from where his freedom to have that opinion came. The blood of many veterans have been spilled so this uninformed kid can refuse to acknowledge that fact by pledging alliegance to the flag of this
    nation. Without the vets that fought in the wars of this nation you would be speaking japanese, german or old english. Think about it !!!


    26 Year Military Vet wrote on March 02, 2008 11:53 PM: Written by a 15 year old student in Arizona.

    Since the Pledge of Allegiance and The Lord's Prayer are not allowed in public schools anymore due to the word "God", an Arizona student wrote the following....

    NEW School prayer:
    Now I sit me down in school
    Where praying is against the rule
    For this great nation under God
    Finds mention of Him very odd.

    If Scripture now the class recites,
    It violates the Bill of Rights.
    And anytime my head I bow
    Becomes a Federal matter now.

    Our hair can be purple, orange or green,
    That's no offense; it's a freedom scene.
    The law is specific, the law is precise.
    Prayers spoken aloud are a serious vice.

    For praying in a public hall
    Might offend someone with no faith at all.
    In silence alone we must meditate,
    God's name is prohibited by the state.

    We're allowed to cuss and dress like freaks,
    And pierce our noses, tongues and cheeks.
    They've outlawed guns, but FIRST the Bible.
    To quote the Good Book makes me liable.
    We can elect a pregnant Senior Queen,
    And the 'unwed daddy,' our Senior King.
    It's "inappropriate" to teach right from wrong,
    We're taught that such "judgments" do not belong.

    We can get our condoms and birth controls,
    Study witchcraft, vampires and totem poles.
    But the Ten Commandments are not allowed,
    No word of God must reach this crowd.

    It's scary here I must confess,
    When chaos reigns the school's a mess.
    So, Lord, this silent plea I make:
    Should I be shot; My soul please take!
    Amen


    Viv wrote on March 02, 2008 09:52 AM: The more educated we get in this country, the stupider we get. What happened to good old fashioned respect. I didn't vote for GWB but if he came to see me I would give him proper respect. If I observe people praying before a meal at my table, I shut up and pay respect wether I agree or not. If you visited the Queen of England you would follow proper protocol. The greatest thing I love about America is that is is so free and All who don't like it or love it are FREE to LEAVE. It doesn't take anything away from anyone to stand and remain quiet for the Pledge. Use common sense people.


    ron orf wrote on March 01, 2008 04:44 PM: I have worked in a school for 35 years. i have never had this come up, but if I did I would use it as a teaching tool about our rights under the constitution. a pledge that is required under fear of punishment is not worth a bucket of spit. To even think that is right makes the pledge and saluting the flag that comes from the heart totally worthless. If we were REQUIRED to salute and recite I would cease to do so. I also never say the "under God" part, as it is simply political boilerplate put there by Southern congressmen in the 1950's trying to get votes. That being said, as you read on in the article and if you can read between the lines at all you can assume that the kid, and his mother, are jerks.


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