A sixth-grade student in Lakeland, Fl., who had refused to participate in the Pledge of Allegiance throughout the school year, was arrested after he had a dispute with a substitute teacher who confronted him about why he was not reciting it, the New York Times reports. The case against the boy, 11, has drawn outrage from the American Civil Liberties Union and his mother, who have criticized the misdemeanor charges against him as an overreaction by Polk County Public Schools a school resource officer. The boy told the teacher that he did not stand because he believes the pledge represents racism.
Prosecutor Brian Haas said Tuesday he would not pursue the charges despite statements by the police that he had made threats after disrupting class. “The case is closed,” Haas said. Still, a lawyer for the boy’s family suggested that the case had not been resolved because the boy’s mother, Dhakira Talbot, declined an offer from prosecutors to drop the case if the boy completed a so-called diversion program, which could include a fine and community service. The boy’s family believes he was punished for expressing his First Amendment rights, said attorney Roderick Ford said. He plans to file a civil-rights complaint with the federal Department of Education this week. “The young man engaged in protected activity when he refused to stand for the Pledge of Allegiance but then he engaged in protected speech when he stated his reasons,” he said. “We believe that the latter part is the major concern because he says the national anthem stood for discriminatory treatment of blacks.”