not to participate in the Pledge. Thus, such a decision is afforded the more absolute protection of Barnette, in which the Supreme Court said, 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. Barnette, 319 U.S. at 642, 63 S.Ct. 1178 (emphasis added). Forcing a student to stand during the Pledge would be compelling that student to “confess by ... act [his] faith” in the content of the Pledge and all that it symbolizes. Id. (emphasis added). Such a regulation would violate the central principle of Barnette. See Lipp v. Morris, 579 F.2d 834, 836 (3rd Cir.1978) (per curiam) (<HOLDING>). While it is true that remaining seated during
holding that juveniles use of the f word in dispute with principal and another student over whether student had stolen her money did not constitute fighting words holding high school which allowed student secular noncurricular activities to meet on school property was required to provide equal access to a christian student group holding proper remedy when a christian student newspaper was denied student activities funds was to make funds available to the religious paper not to deny funds to nonreligious student groups holding that forcing a student to stand is unconstitutional because it requires a student to engage in what amounts to implicit expression by standing at respectful attention while the flag salute is being administered recognizing districts obligation to maintain special needs student at specific private school where hearing officer had directed district to place and fund student pending development of iep