Can I Kneel During the National Anthem? Absolutely - It's Your Right

I'm a high school student. Can I kneel during the national anthem?

Yes you can! School attempts to force unity of opinion is unconstitutional and has been since 1943. 

Schools all over the country are threatening to discipline students who kneel in protest during the national anthem.

Seems like those school administrators never took a constitutional law class.

You have First Amendment rights to protest injustice in this country. If you feel that taking a knee during the national anthem is the best way to protest police brutality and racial injustice, you can do that.

 Resistance Enterprises - Protest is Your Right!

This has been the law of the land since 1943, when the U.S. Supreme Court issued their decision in West Virginia State Board of Education. v. Barnette.

In Barnette, much like today, The West Virginia Board of Education insisted that the flag salute be a required activity in public schools. Teachers and students who did not salute the flag were punished with expulsion.

The Court found this straight up unconstitutional. Ruling that a flag salute was a means of communicating an idea, the Court said there could be no forced unity of opinion. It is likely that a student disciplined for not standing during the playing of the national anthem would have the same legal grounds to sue their school district as a student who refused to salute the flag.

In fact, the US Supreme Court has described your right to protest as the "fixed star in our constitutional constellation" - one of my favorite lines of legal prose of all time. "No official, high or petty" - looking at you here, Trumpy, all the way down to the vice principal - "can prescribe what shall be orthodox in politics, nationalism, religion, or other matters of opinion or force citizens to confess by word or act their faith therein."

So, your school cannot punish you for refusing to stand during the playing of the national anthem, or for refusing to pledge allegiance to the flag.

Use those rights you have - vote, speak out, protest!

-Wells, Resistance Enterprises

P.S. - Are you registered to vote - look up how it works here.

October 13, 2017 by The Resistance

Leave a comment

Please note: comments must be approved before they are published.