Texas Student Awarded $90K Settlement Over Teacher's Pledge of Allegiance Bullying

A Texas student was awarded $90,000 as a settlement for her case against her former sociology teacher at Klein Oak High School in Houston. 

In 2017, Mari Oliver filed a lawsuit against Benjie Arnold and the school district after she was singled out and bullied for not standing and reciting the Pledge of Allegiance. According to the Houston Chronicle, the civil rights group American Atheists confirmed the settlement through a risk fund from taxpayers established by the Texas Association of School Boards.

Oliver is a non-religious Black student who had objections to some words in the Pledge of Allegiance. She also doesn't believe that the pledge upholds the protection of people of color despite the lines in the statement that indicate "liberty and justice for all."

During the deliberation of her case, the student said that she endured harassment from the sociology teacher for two school years. Arnold also allegedly threatened to fail students who did not want to participate in the pledge.

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Can Students Refuse Reciting the Pledge of Allegiance?

In 1943, the U.S. Supreme Court ruled in favor of a student in the West Virginia Board of Education v. Barnette case and stated that it's not a requirement for students to salute or recite the pledge, especially if it is against their beliefs. NBC News also reported that Texas has existing laws protecting the constitutional rights of students who have expressed a written statement from their parent or guardian if they want to sit out a pledge.

The mother of Oliver made such a written request to the school. Despite this, Oliver still experienced bullying because of her choice, thus forcing her mom to homeschool her for a certain period.

American Atheists alleged that when Oliver returned to traditional schooling, the harassment intensified despite the teachers knowing the student's beliefs. Arnold was perceived to have retaliated against Oliver and called the students who did not want to recite the pledge "soviet communists, members of the Islamic faith seeking to impose Sharia law, and those who condone pedophilia," according to Legal Reader.

Nick Fish, the president of American Atheists, said that non-religious students are often subjected to bullying. He denounced that this happened in a public school setting where the rights of all students, regardless of their beliefs, should be respected, as stated in the Pledge of Allegiance.

Arnold Still Employed as a Teacher

Despite the five-year litigation with Oliver, the sociology teacher has remained an employee of Klein Oak High School. He will be commemorating his 51st year as a teacher this 2022.

Lawyers for the school did not comment on the settlement. However, a representative from the school district said that a summary judgment happened and not a settlement. In 2020, Judge Lee Rosenthal dismissed some of the defendants in the lawsuit except Arnold.

Meanwhile, Oliver and his legal team said that this latest decision spells victory not only for them but for freedom of speech and expression. It is also proof of the value of fighting for one's rights under the First Amendment.

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