Standing up for your rights by sitting down
There are a lot of things to be thankful for this holiday season. I’m thankful for Will Phillips.
Will is a fifth-grader at West Fork Elementary in Washington County, Ark. According to various newspaper and online accounts, he’s a pretty typical 10-year old—though it’s worth noting that he’s smart enough to have skipped a grade this year and wants to be lawyer when he grows up.
Will isn’t waiting to grow up to teach us a lesson about how the First Amendment empowers us all. In early October, he decided to stay seated when others in his class stood for morning recitation of the Pledge of Allegiance. He says he just doesn’t agree anymore that “there’s currently liberty and justice for all.”
And so he sits, almost 218 years after the First Amendment was ratified on Dec. 15, 1791.
The first time Will remained in his seat was Oct. 5, when a substitute teacher asked him to stand with his classmates and he declined. That went on for a few more days until the issue got personal. In an interview, Will said the sub “got a lot more angry and raised her voice and brought my mom and my grandma up. After a few minutes, I said, ‘with all due respect, ma’am, you can go jump off a bridge.’”
The “bridge” remark drew a visit to the principal’s office, an assignment to look up information on the U.S. flag and its meaning, and a call to his mother—who supported her son’s objection to standing with his classmates, if not necessarily his comment to the substitute teacher.
To the credit of school officials in Washington County, they recognize that students cannot be forced to recite the pledge, given a landmark U.S. Supreme Court decision in 1943, West Virginia Board of Education v. Barnette, that said students could opt out of recitation. (By the way, Barnette reversed a 1940 Supreme Court decision mandating that children must participate. That case involved another fifth-grader, Billy Gobitis.)
The tension between honoring individual rights and instilling patriotism in the classroom didn’t end a half-century ago. In 2003, Colorado legislators passed a state law to mandate the recitation of the pledge by teachers and students but amended it a year later after objections to comply with Barnette. In 2004, the 11th U.S. Circuit Court of Appeals upheld an Alabama student’s right to refuse to say the pledge while silently holding one fist in the air, saying it was not enough to trigger a school’s actions against what administrators had called disruptive behavior. Last October the same court declined to strike down a Florida law requiring a note from parents if a student refused to say the pledge—though it forbade the school system from making the student stand silently.
But back to Will Phillips and to another complicating factor in his decision: His objection to the saying the pledge involves his belief, after research and study, that the United States does not currently offer liberty and justice for gays and lesbians. Will isn’t gay, but his family has defended and marched on behalf of friends who are.
Gay rights and disagreements over the Pledge of Allegiance are emotionally wrought conflicts in our society. There no doubt are those who disagree with Will for refusing, on any grounds, to participate in the pledge. And just as certainly, there are those with opposite views on extending rights of any or all kinds to those who are gay.
Still, we should pause and be thankful for Will—and others like him—who follow up on their beliefs with more than the shrill cliché or smarmy insult and who are willing to step outside their own comfort zone to exercise their rights.
The bitter rhetoric of our age should also at least acknowledge this real-life example of the principle that Justice Robert Jackson described in 1943 in Barnette: “If there is any fixed star in our Constitutional constellation, it is that no official, high or petty, 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.”
The First Amendment also provides that no one in his class, his school or his community has to agree with Will. It does not shield any of us from the negative opinions others may have when we stand up—or sit down, for that matter—for our beliefs. Will told the Arkansas Times that in the lunchroom and in the hallway he now often faces taunts: “It’s always the same people, walking up and calling me a gaywad.”
Insults, biases or honest disagreements aside, let’s be thankful that 56 years after Justice Jackson wrote his legal opinion, there is a young Will Phillips who—while seated firmly in his chair each morning—clearly has his eye on that “fixed star.”
Gene Policinski is vice president and executive director of the First Amendment Center, 555 Pennsylvania Ave., Washington, D.C., 20001. Web: www.firstamendmentcenter.org. E-mail: gpolicinski@fac.org.
Dec 2, 2009 at 3:25 p.m.
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Paddle this little youngsters butt. There are always examples where liberty and justice for someone has been forsaken. And there always will be. BUT we should pledge daily that we ALL will strive to make it so. Even little 5th grade punks like this defiant kid.
Dec 2, 2009 at 12:45 p.m.
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Panama-"Gee BunBun, when was the last time YOU said the pledge? Giving lip service to an "ideal" does nothing to make the ideal become reality. If that were true, slavery would still be legal.
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A student has every right to abstain from being forced to "pledge" to something he/she does not believe to be true. This is not something the teacher has included as part of the lesson plan BillyClyde.
I'm not sure what world you are living in "
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November’s Cub Scout pack meeting if you must know (saying the pledge).
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I did not say that the kid had to say the pledge. Only that his complaints are misdirected, as are your criticisms. Slavery itself was against the ideals that this country was founded upon, and because it was not resolved before the 1860’s my opinions of the founders is diminished.
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As for what world I live in, it is a world that does not live up to the ideals as it should. This is just an observation of human nature, not a complaint. An ideal is a goal to work toward. For an example, do we just say to heck with the Idea of liberty and justice for all because someone may get a raw deal? Ok, some people used to be slaves in this country, do we:
1) forcibly free people even if it means a civil war (yes, I know that there are multiple causes of the civil war)
2) Dump the Republic and become a Maoist state where everyone (except the party elites) is equal(y miserable)?
The pledge itself is not the problem so the Kids actions are silly. He wants to work for gay rights? fine, go ahead, it would be a more productive use of his time that sitting during the pledge.
Dec 1, 2009 at 11:15 p.m.
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Panama - please read what I actually wrote. I said I was all for them "having the same liberties" as I do - I just don't think they should have any "more liberties" than I do. There is a difference. But as usual, people don't pay attention to what was said - they only want to argue their opinion.
dub190 - You said it! You were right on!
Dec 1, 2009 at 5:12 p.m.
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Let the gays, and everyone else do what they want. It's not my business.
It's funny though, how the left wants the government out of their bedroom and marriage, but wants them to control every other aspect of their lives.
Dec 1, 2009 at 3:24 p.m.
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DiGriz, I'd suggest the piece is more of a comment on 21st century American society in general than the boy in particular. That standing on principles is now something "remarkable". He may be a parrot but, then again, maybe not.
Dec 1, 2009 at 2:02 p.m.
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As far as the kid having a right not to say the pledge, that's his right, which shall not be infringed upon. I'm a libertarian. I'm all for protecting our rights as laid down by those who founded this nation (which are ignored these days too often). I question the impetus of the boy, nothing more. Willy want a cracker?
Dec 1, 2009 at 1:50 p.m.
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MikeF - That's not the point, so don't make it that. What you suggest is jejeune. Touching on what someone else said, the kid's acceptance of redicule is natural for a ten year old who is pre-pubescent. Pre-adolescents are KNOWN (fact) for an increase in risk-taking and reward behaviour. It's natural. The strongest links to pubertal changes per-se are in the domains of romantic motivation, sexual interest,emotional intensity, sleep/arousal regulation, appetite, and affective disorders, and a general increase in risk-taking, novelty-seeking, sensation-seeking (reward-seeking).
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This is all well documented in the development of the brain, which again, I say, at age ten, does not give the kid the super-powers the writer of this article is giving him, unless you want to call him a freak or something like that. I don't. He's just a parrot. If he was fifteen, or even 13, I would think differently.
Dec 1, 2009 at 1:43 p.m.
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"...one nation under God, indivisible, with liberty and justice for all."
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Gee BunBun, when was the last time YOU said the pledge? Giving lip service to an "ideal" does nothing to make the ideal become reality. If that were true, slavery would still be legal.
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A student has every right to abstain from being forced to "pledge" to something he/she does not believe to be true. This is not something the teacher has included as part of the lesson plan BillyClyde.
I'm not sure what world you are living in
Maggiemae but gay and lesbian members of our society DO NOT have the same rights shared by heterosexual members of our society. Amazing as it seems, individuals attracted to the same sex have fewer rights than those attracted to the opposite sex. We don't discriminate because of color, religious beliefs, or ethnicity but its ok to discriminate against those who are attracted to the same sex. With more individuals like Will taking a stand perhaps in the future the part of the pledge that states, "liberty and justice for all" will mean just that.
Dec 1, 2009 at 1:33 p.m.
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To say that this child is an independent thinker at age 10 is simply giving him too much credit. I hope he continues down that road, which includes going against what his parents think, do, say, etc.
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Wrong Panama. I was a kid who was ridiculed daily. I was known as bird-man, because I liked watching birds. I reacted to it by giving presentations to the classes, and facing it head on, which eventually garnered respect from my peers. I simply didn't care what they thought, because I realized it didn't matter. And I rejected my parent's religion when I realized that I was a Lutheran because they were, and I couldn't believe in something that I did not decide on for myself based on reason, logic, and proof. That did not and could not solidify until I was older. And when my dad told me I should join the Army because the Army was easy, I joined the Marines instead.
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Perhaps it's the way it's written, but this article hints that the child is following in his parents footsteps and nothing more. I hope he becomes a free-thinker some day, but this is not that day. My comment wasn't aimed at WHAT the kid believes, only why he believes it, because to me, that's the joke in what the writer DID NOT say.
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My comment is not aimed at the kid, other than exposing the lie of the writer, which is that a ten year old can make those decisions with reason, study, and research, and discount the fact that the kid is really just a parrot for what his parents believe. It's right there in the article - hence:
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"His objection to the saying the pledge involves his belief, after research and study, that the United States does not currently offer liberty and justice for gays and lesbians. Will isn’t gay, but his family has defended and marched on behalf of friends who are."
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Note the last sentence. How does a ten-year old know he's gay or not? Doesn't he actually have to start producing hormones one way or the other first? He's just starting. And I wonder how proud mom and dad are going to be of him in five years.....he's ten. He's yet to go from the dependent "child" stage and transition to the responisble adult stage. He hasn't even reached sexual maturity! We'd all like to think our children are Einstein and or gifted with reason, but they are not.
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"I would that there were no age between ten and twenty three…for there is nothing in between but getting wenches with child, wronging the ancientry, stealing, fighting.." -Shakespeare
Dec 1, 2009 at 1:05 p.m.
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DiGriz- I find it interesting that you are scorning this young man, especially considering where you are right now. Do you think that if this was 10 years ago and this10 year old was in the country you are now, we would be reading about him being allowed to continue the protest? No, he would be dead.
The First Amendment to the United States Constitution grants the freedom to protest, even and especially when others do not agree.
Dec 1, 2009 at 12:50 p.m.
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The pledge is to what this country is meant to be (the Republic), the same as the flag is a symbol of the ideal. There is nothing in the pledge that says "Liberty and justice for all except the gays, Hispanics, women, left handed dwarves, etc.". If the reality observed by this kid does not, in his opinion, match the ideal it does not diminish the worthiness of the ideal. Feel free Will to address grievances you feel others have but don't disrespect the ideal.
Dec 1, 2009 at 12:39 p.m.
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Funny, when I first read this - I thought he was thinking America didn't offer liberty and justice for Americans because of what the democrats have been doing! Hey - I'm all for gay/lesbians having equal rights - I just don't think they should have any more rights than I do. People need to be very clear of that distinction. However, I find it sad that a 10 year old can only stand up (or in this case sit down) for his beliefs by not reciting the pledge of allegiance. So when he grows up and "fights" for the rights he believes in - will he then say the pledge? Just checking here.
Dec 1, 2009 at 12:08 p.m.
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I'm all for it. Now, when schools allow kids (parents) to opt out of multi cultural training, refuse to do reports on global warming as if its a fact, participate in volunteer work as a condition for promotion or graduation, etc we will really be allowing everyone to exercise their rights.
Dec 1, 2009 at 11:49 a.m.
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bravo will...bravo. when you turn 18 you can join our team:) but by then i guess we wont need a team anymore;)
Dec 1, 2009 at 11:31 a.m.
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diego,
True, kids are clones but not to this extent. Most 10 year olds aren't going to go against a school procedure/tradition (because most 10 year olds are also clones of their teachers) over gay rights.
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This kid is likely thinking somewhat for himself because his parents weren't the present at the time of his protest.
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Different than a child attending a war protest with their parent instead of attending school.
Dec 1, 2009 at 11:28 a.m.
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I agree. I am proud to live in a country where one has the ability to stand up for their beliefs- and, congratulations to his parents. They have obviously raised a son that is true to his convictions and has put thought into a social issue, at age 10, nonetheless. He was on The Colbert Report. Very good interview. Nice kid.
Dec 1, 2009 at 11:12 a.m.
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All children are clones of their parents. We believe what our parents teach us to believe until we are able to reason for ourselves. I followed my parents religion and politics until I was old enough to understand, then I made a decision for myself. I don't understand how a guy in the military calls out a kid for being a clone? The classic example of the pot calling the kettle black.
Dec 1, 2009 at 10:37 a.m.
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Sure DiGriz, I find most kids in grade school or high school don't want to fit in. They relish saying or doing things which would cause their peers to ridicule or belittle them. What kid doesn't look forward to other students calling them names or teasing them because they're different. You were probably one of those kids who lacked the nerve to be different from others. Even now you ridicule his belief instead of admiring his courage. Its easier to follow the crowd than to stand up (or in this case sit down) for a cause. Will's parents taught him to think for himself and they support, not direct, his actions.
Why are you afraid of showing respect for others who don't share your beliefs?
Ignorance and intolerance results in ridicule.
Nov 29, 2009 at 7:08 p.m.
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di,
If it was because at age 10 he feared a government option health care system would bankrupt him and his children and lead this country down a socialist path what would he be to you...?
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A patriot of a clone.
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At least his parents aren't raising a homophobe.
Nov 29, 2009 at 2:35 p.m.
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"His objection to the saying the pledge involves his belief, after research and study, that the United States does not currently offer liberty and justice for gays and lesbians. Will isn’t gay, but his family has defended and marched on behalf of friends who are."
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Give me a break.....Yes, William....you're the little clone your parents always wanted. They must be so proud that you're growing up to be and think just like them. Are you an atheist too?
Nov 29, 2009 at 8:42 a.m.
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Most students don't care enough about any issue to take a stand either way. I am glad that we live in a country where you do have the right to say no, although I have a feeling that many posters who come after this one will chide him because of the fact he did it for gay rights.
Nov 29, 2009 at 8:22 a.m.
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Will is part of the anti-america, hate america firt, communist, socialist...
naaa,
Will is a "great American."
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Nice job Will. I wish more students that refused to participate did it for a reason like yours versus...laziness.
Nov 26, 2009 at 7:26 p.m.
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Right on, Will. Right on.
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