First Amendment

ACLU DEFENDS STUDENT REFUSING TO SAY PLEDGE OF ALLEGIANCE

Travis Busby, a seventh-grader at Nimitz Middle School in Tulsa, refused to stand for the Pledge of Allegiance on June 8, 2005. He also opted not to participate in reciting the Pledge. As a result, the school’s assistant principal imposed a two-day suspension as punishment.

Busby’s mother contacted the ACLU of Oklahoma and reported the incident to Staff Attorney Tina Izadi. After reviewing the mother’s report, Izadi initiated dialogue with Tulsa Union Public Schools, and was referred to the district’s attorney. During negotiations with the school’s lawyer, she explained the ACLU’s position that Busby’s punishment was a violation of his First Amendment rights. The district agreed not to penalize Busby for the work he had missed while out of school.

TEN COMMANDMENTS APPEAL ARGUED BEFORE TENTH CIRCUIT

The appeal of a 2006 decision by the U.S. District Court for the Eastern District of Oklahoma to retain a Ten Commandments monument on the Haskell County Courthouse lawn was argued before the U.S. Court of Appeals for the Tenth Circuit in Denver Colorado on October 4, 2007. Daniel Mach, Director of Litigation for the National ACLU Program on Freedom of Religion and Belief, presented the oral argument to the Tenth Circuit. He was advised by Micheal Salem, an ACLU of Oklahoma cooperating attorney who handled the case at the District Court trial with former ACLU of Oklahoma Staff Attorney Tina Izadi.

The ACLU of Oklahoma originally filed the case on behalf of plaintiff James W. Green, who objected to the placement of the Ten Commandments monument on the lawn of the Haskell County Courthouse in Stigler, Oklahoma. Stigler resident Sharon Nichols acted as the representative on behalf of the ACLU of Oklahoma membership. The judge at the District Court dismissed the controversy as a “kerfuffle” and ruled that the monument was not erected by the County with a religious purpose. The case is Green v. Board of Commissioners of the County of Haskell.

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