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Smart girl


Posted: Feb 27, 2013

A Texas high school student has filed a federal lawsuit against her school and her teachers after she was punished for refusing to salute and recite the Mexican pledge of allegiance. The Thomas More Law Center filed the suit on behalf of Brenda Brinsdon alleging the McAllen Independent School District violated the 15-year-old girl’s constitutional rights when she was forced to recite the Mexican pledge and sing the Mexican national anthem. Brinsdon, who is the daughter of a Mexican immigrant and an American father, refused. She believed it was un-American to pledge a loyalty oath to another country. Ironically, the school district has a policy that prohibits a school from compelling students to recite the American Pledge of Allegiance. Read more: http://nation.foxnews.com/american-student-punished/2013/02/27/american-student-punished-refusing-recite-mexican-pledge#ixzz2M8UUAmDk;

It was part of a Spanish class lesson. - Sensationalizing.

[ In Reply To ..]
Gone are the days of hands-on learning, I guess. Nothing like a little ethnocentrism to make sure American children are as ignorant of the world as ever.

"The recitation of the Mexican pledge and the singing of the Mexican national anthem was part of a 2011 Spanish class assignment at Achieve Early College High School."

And is being given an alternate assignment really "punishment?" Did the article state *why* she then proceeded to fail her alternate assignment? Not that I saw. That would be useful information.

Forgot the rest of it - sm

[ In Reply To ..]
The recitation of the Mexican pledge and the singing of the Mexican national anthem was part of a 2011 Spanish class assignment at Achieve Early College High School. The teacher, Reyna Santos, required all her students to participate in the lesson.

When Brinsdon refused to back down â she was punished, the lawsuit alleges. She was given an alternative assignment on the Independence of Mexico. The teacher gave her a failing grade â and then required the student to sit in class over a period of several days to listen to other students recite the Mexican flag.

The lawsuit states Brinsdon offered to recite the American pledge in Spanish but the teacher refused her request.

Ironically, the district also has a written policy that excuses students from reciting text from the Declaration of Independence if the student âas determined by the district, has a conscientious objection to the recitation.â

"recite the Mexican flag." ? - huh?

[ In Reply To ..]
[sic] ?

If indeed this girl was punished - Fanatical Hypocrite

[ In Reply To ..]
as a result of not wanting to say the Mexican pledge, that's wrong. But Mexican citizenship, unlike Bloody Mary or Beetlejuice, can't be summoned by saying its pledge three times, so the harm done to any students fragile patriotism is minor. No one should be forced to do that if they're uncomfortable though. The problem is that this hinges entirely on the quality of the student's essay about the independence of Mexico. I'd have to read that and decide whether I thought she failed on it before assuming the teacher did so out of revenge.

It sounds like they were trying to teach the kids about another culture (which is something all American students desperately need) and they went overboard. Most people don't think of pledges of loyalty as being a big deal anymore since we overthrew the feudal system. If I was a teacher I'm not sure I would have even thought about it. Still, generally a bad idea when they could just as easily have done something else.

The article doesn't mention it, but I assume that by Texas state law the students who did swear allegiance to Mexico were detained by ICE, held for several months to determine if they're criminals and then deported to Mexico.

FH 259
American Southwest 0

Yes, she was punished. She got an F in the class - Truthhurts

[ In Reply To ..]
AFTER she was no longer allowed to participate in the class and had to go to the Principal's Office during the time of the class.

The teacher, while also making the students pledge allegiance to Mexico, brought a Mexican flag into the classroom and the class had to pledge allegiance TO the Mexican flag. The student was not allowed to pledge allegiance to the American flag in Spanish, which should have been allowed, don't you think?

This teacher also made the students recite the Mexican National Anthem.

33. The assignment was to write at least a half a page paper about the independence of Mexico. Defendant Santos was not clear on the criteria for which Plaintiff B.B. would be graded on this alternative assignment.

34. The essay assignment given to Plaintiff B.B. differed greatly from the required oral project assigned to the rest of the class in the form of reciting the National Anthem of Mexico and pledging their allegiance to Mexico.

35. Plaintiff B.B. was only given one day to complete the assignment. The Plaintiff
wrote ¾ of a page and summarized the events that occurred regarding the independence of Mexico, and turned in the alternative assignment.

36. Plaintiff B.B. was never allowed to recite the American Pledge of Allegiance in Spanish in front of the class as an alternative assignment.

37. Students in Defendant Santos’ Intermediate Spanish class recited the Mexican Pledge of Allegiance over the next several days. Plaintiff B.B. sat in class and listened to student after student pledging his/her allegiance, a loyalty oath, to the country of Mexico.

38. The flag of Mexico was put up and displayed in Defendant Santos’ classroom.

39. When Plaintiff B.B. discussed her objections to pledging her allegiance to
Mexico, Defendant Santos replied by telling Plaintiff B.B. that she grew up in Mexico and loved Mexico, or words to that effect.

40. Plaintiff B.B. received a 13 out of 100 on the alternative essay assignment
Defendant Santos made her complete. A “13” represented a failing grade. Neither Defendant Santos nor Cavazos explained why Plaintiff B.B. received a failing grade on the alternative assignment.

This is okay? I don't think so.

I guess we'll know the truth after the - court's ruling.

[ In Reply To ..]
By the way, what does one sue for in this situation? Emotional distress? Is there compensation for this kind of thing?

Deprivation of the 1st & 14th Amendment and "Relief" - Truthhurts
[ In Reply To ..]


Not including every claim as this reply would be even longer than some I posted in the past few days. Most of the numbers are just a recap of the listed complaints  earlier.

FIRST CLAIM FOR RELIEF

(Freedom of Speech—First Amendment)

62. By reason of the aforementioned training, supervision, acts, policies, practices, customs and/or procedures created, adopted, and enforced under color of state law, Defendants deprived Plaintiff of her right to freedom of speech in violation of the First Amendment as 

applied to the states and their political subdivisions under the Fourteenth Amendment to the United States Constitution and 42 U.S.C. § 1983

64. Defendants’ actions injured Plaintiff B.B. in a way likely to chill a person of 

ordinary firmness, including Plaintiff B.B. and other students in the School District, from further participation in patriotic speech activity. 

65. Plaintiff B.B.’s constitutionally protected speech motivated Defendants Santos and Cavazos’ adverse actions. Consequently, Defendants Santos and Cavazos acted with a retaliatory intent or motive.

72. Defendants compelled Plaintiff to profess beliefs contrary to her own by pledging her allegiance to another country than to that, the United States, which she is loyal.

SECOND CLAIM FOR RELIEF

(Equal Protection—Fourteenth Amendment)

77. By reason of the aforementioned training, supervision, acts, policies, practices, customs, and/or procedures created, adopted, and enforced under color of state law, Defendants have deprived Plaintiff of the equal protection of the law guaranteed under the Equal Protection Clause of the Fourteenth Amendment to the United States Constitution and 42 U.S.C. § 1983.

78. By favoring and compelling speech that promotes and approves of allegiance to Mexico punishing Plaintiff’s less favored view toward American patriotism, Defendants have violated the Equal Protection Clause of the Fourteenth Amendment.

79. Defendants’ policy, as described in this Complaint, was selectively enforced 

against Plaintiff B.B. on account of her viewpoint in violation of the Equal Protection Clause of the Fourteenth Amendment.

81. By favoring speech that approves of and promotes allegiance to Mexico over 

Plaintiff’s Patriotic speech, Defendants Cavazos and Santos deprived Plaintiff B.B. of the equal protection guarantee of the Fourteenth Amendment.

PRAYER FOR RELIEF

WHEREFORE, Plaintiff asks this court:

A) to declare that Defendants violated Plaintiff’s fundamental constitutional rights as set forth in this Complaint;

B) to declare that Defendants’ training, supervision, policies, practices, customs, 

and/or procedures that promote a school environment that favors and compels allegiance to Mexico and disfavors American patriotic viewpoints violates Plaintiff’s fundamental constitutional rights to freedom of speech and the equal protection of the law as set forth in this 

Complaint;

C) to declare that Defendants’ policy is unconstitutional as set forth in this 

Complaint;

D) to permanently enjoin Defendants’ policy as applied to expression as set forth in this Complaint;

E) to award Plaintiff B.B. nominal damages against all Defendants;

F) to award Plaintiff her reasonable attorney fees, costs, and expenses pursuant to 42 U.S.C. § 1988 and other applicable law;

G) to grant such other and further relief as this court should find just and proper.


Not including every claim as this reply would be even longer than some I posted in the past few days. Most of the numbers are just a recap of the listed complaints  earlier.



FIRST CLAIM FOR RELIEF(Freedom of Speech—First Amendment)


62. By reason of the aforementioned training, supervision, acts, policies, practices, customs and/or procedures created, adopted, and enforced under color of state law, Defendants deprived Plaintiff of her right to freedom of speech in violation of the First Amendment as applied to the states and their political subdivisions under the Fourteenth Amendment to the United States Constitution and 42 U.S.C. § 1983


64. Defendants’ actions injured Plaintiff B.B. in a way likely to chill a person of ordinary firmness, including Plaintiff B.B. and other students in the School District, from further participation in patriotic speech activity. 


65. Plaintiff B.B.’s constitutionally protected speech motivated Defendants Santos and Cavazos’ adverse actions. Consequently, Defendants Santos and Cavazos acted with a retaliatory intent or motive.


72. Defendants compelled Plaintiff to profess beliefs contrary to her own by pledging her allegiance to another country than to that, the United States, which she is loyal.


 
SECOND CLAIM FOR RELIEF(Equal Protection—Fourteenth Amendment)


77. By reason of the aforementioned training, supervision, acts, policies, practices, customs, and/or procedures created, adopted, and enforced under color of state law, Defendants have deprived Plaintiff of the equal protection of the law guaranteed under the Equal Protection Clause of the Fourteenth Amendment to the United States Constitution and 42 U.S.C. § 1983.


78. By favoring and compelling speech that promotes and approves of allegiance to Mexico punishing Plaintiff’s less favored view toward American patriotism, Defendants have violated the Equal Protection Clause of the Fourteenth Amendment.


 
79. Defendants’ policy, as described in this Complaint, was selectively enforced against Plaintiff B.B. on account of her viewpoint in violation of the Equal Protection Clause of the Fourteenth Amendment.



81. By favoring speech that approves of and promotes allegiance to Mexico over Plaintiff’s Patriotic speech, Defendants Cavazos and Santos deprived Plaintiff B.B. of the equal protection guarantee of the Fourteenth Amendment.



PRAYER FOR RELIEFWHEREFORE, Plaintiff asks this court:


A) to declare that Defendants violated Plaintiff’s fundamental constitutional rights as set forth in this Complaint;


B) to declare that Defendants’ training, supervision, policies, practices, customs, and/or procedures that promote a school environment that favors and compels allegiance to Mexico and disfavors American patriotic viewpoints violates Plaintiff’s fundamental constitutional rights to freedom of speech and the equal protection of the law as set forth in this Complaint;


 C) to declare that Defendants’ policy is unconstitutional as set forth in this Complaint;


D) to permanently enjoin Defendants’ policy as applied to expression as set forth in this Complaint;


E) to award Plaintiff B.B. nominal damages against all Defendants;


F) to award Plaintiff her reasonable attorney fees, costs, and expenses pursuant to 42 U.S.C. § 1988 and other applicable law;


G) to grant such other and further relief as this court should find just and proper.

Well, like I said - Fanatical Hypocrite

[ In Reply To ..]
It's wrong if that's what happened, but that's why we have the courts, because not every accusation pans out. Just because I don't take this sort of thing seriously doesn't mean people should be forced to swear allegiances they don't want to. Still, I wish the worst thing that happened to me as a kid was someone made me swear a non-binding oath of allegiance to Mexico.

Hopefully, the truth will prevail and her grade will be amended. I hope they don't get any money from the school though. I don't see monetary compensation as being necessary, but they do need to ensure her grades match her knowledge. If the teacher did this vindictively then they need to punish her even though I assume this particular road to lawyer hell was paved in good intentions
I'm gonna be a little nasty here because I feel - Truthhurts
[ In Reply To ..]
if this teacher has more of an allegiance to Mexico as it states in the lawsuit, then this teacher should be teaching school IN Mexico and NOT in the U.S.

It's okay to teach about other cultures but to be vindictive just because an AMERICAN student doesn't want to pledge allegiance to a MEXICAN flag, there's a problem with that teacher.

I do agree this girl should get her grades amended. I'll wager that's the real reason this suit is taking place, although only the last paragraph leaves all damages open. I believe the parent and student are only doing this because it might hurt her chances for college if her grade stands as is?
What are the rest of her grades like, anyway? - 1 class won't mess up college.
[ In Reply To ..]
I did see her myspace (I am SO glad I don't have a teenage girl) with pics of her posed across the bed in a low-cut dress and "so f***** excited about the party" or whatever and the Corona beers. No offense to her, but does she even have good grades?

I am so glad I don't have a teenage girl.
just for the record... - doe
[ In Reply To ..]
it should be noted that language in a lawsuit depicts allegations, not facts. The language in this particular lawsuit is quite hyperbolic. The media coverage, even more so.

There is nothing to suggest that the teacher has greater allegiance to Mexico than to the U.S. (as depicted in article 68 of the lawsuit).

It is the father of the student who characterized the lesson as "indoctrination". The school district has responded with the following:

"The students cited in the online article were at one campus involved in one lesson on Hispanic culture in the Americas. This was a single lesson, not an indoctrination."

It's quite possible the teacher was out of line for flunking the student. Regardless, it does not logically follow that the school system was engaged in any form of indoctrination.

Sad, stupid little story. The girl sounds already small-minded and - unlikely to grow much wiser. Good

[ In Reply To ..]
for Texas, though. They should keep this up; not every mind is fertile ground for growing understanding, but by far most are.

Curious - BillyJoe

[ In Reply To ..]
I wonder if it was French class and she had to recite France's pledge if she wouldve caused such a stink. Too bad her father is teaching her intolerance. I would tell her to do her school work and quit being a brat if it was my kid.

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