Compelled Speech in Maryland: Can Schools Force Students to Stand for the Pledge of Allegiance?

Every morning across Maryland, from elementary homerooms in Ellicott City and Frederick to high school classrooms in Silver Spring and Towson, the daily announcements begin with the Pledge of Allegiance. While the overwhelming majority of students participate without issue, serious legal conflicts arise when a teacher, substitute, or athletic coach demands that a sitting student stand up, demands a parent permission slip, or publicly berates a teenager for remaining silent. Under both federal constitutional law and explicit Maryland statute, compelling a public school student to stand for or recite the Pledge is strictly illegal.

The First Amendment protects not only the right to speak, but also the equally vital right not to speak. In fact, Maryland has one of the strongest state-level legal histories in the nation protecting students from forced patriotic exercises. Below is a detailed guide to Maryland's Pledge of Allegiance statute, how the law applies to homerooms and athletic stadiums, and the step-by-step legal remedies available if a school employee retaliates against your child.

The Constitutional Right Not to Speak in Maryland Public Schools

The foundational rule against compelled patriotism in American public schools was established by the U.S. Supreme Court in West Virginia State Board of Education v. Barnette, 319 U.S. 624 (US Supreme Court 1943), which held that forcing public school students to salute the American flag and recite the Pledge violates the First and Fourteenth Amendments. Decades later, Maryland's own highest court directly reinforced and expanded this protection within the state.

In State v. Lundquist, 262 Md. 534 (MD Court of Appeals 1971), a high school social studies teacher in Anne Arundel County challenged a newly enacted Maryland statute that required all students and teachers to stand and salute the flag unless they claimed a strictly religious objection. Maryland's highest court struck down the mandatory salute and standing requirement as an unconstitutional compulsion of speech under the U.S. Const. amend. I. As a direct result of that landmark ruling, the Maryland General Assembly amended the state education code. Under Md. Code, Educ. § 7-105(d), although each county board of education must provide for a daily patriotic exercise, the statute explicitly mandates that any student or teacher who wishes to be excused from the requirements of the Pledge shall be excused.

Refusing to Say the Pledge in Homeroom

When a student in a Maryland public school chooses not to participate in the morning Pledge of Allegiance, they have the legal right to remain quietly seated at their desk. Under Md. Code, Educ. § 7-105(d) and State v. Lundquist, 262 Md. 534 (MD Court of Appeals 1971), a teacher cannot force the student to stand silently at attention, cannot send the student out into the hallway as punishment, and cannot require the student to present a signed note from a parent explaining why they are sitting down. As the Fourth Circuit reaffirmed in Myers v. Loudoun County Public Schools, 418 F.3d 395 (4th Cir. 2005), daily recitation of the Pledge in public schools is constitutionally permissible precisely because student participation is strictly voluntary.

Sitting or Kneeling During the National Anthem at Sporting Events

First Amendment protections against compelled speech do not end when the final school bell rings; they extend to public school athletic fields, gymnasiums, and extracurricular events. Whether a student is sitting in the bleachers at a Friday night football game in Rockville or kneeling on the sideline in uniform before a varsity soccer match in Annapolis, public school officials are state actors bound by West Virginia State Board of Education v. Barnette, 319 U.S. 624 (US Supreme Court 1943). Because silently sitting or kneeling during the National Anthem does not create a material or substantial disruption to the athletic event, a public school coach in Maryland cannot bench, cut, or strip a student athlete of a team captaincy for peacefully opting out of the anthem.

Religious Objections to Forced Patriotism

Many students in Maryland-including Jehovah's Witnesses, certain Anabaptist denominations, and other faith communities-abstain from pledging allegiance to any earthly flag because they view the gesture as an act of idolatry prohibited by their religious beliefs. Other students object to the words 'under God' on non-religious or philosophical grounds. Importantly, under Md. Code, Educ. § 7-105(d) and State v. Lundquist, 262 Md. 534 (MD Court of Appeals 1971), a student does not need to prove a formal religious affiliation to opt out. Whether a student's objection is deeply religious, political, or personal, school staff are legally barred from interrogating the student about their beliefs or singling them out in front of classmates.

Permissible vs. Prohibited School Actions Under Maryland Law

Confusion often arises among teachers and administrators regarding what classroom management rules apply during the morning announcements. The table below outlines exactly what Maryland public school staff may and may not do under Md. Code, Educ. § 7-105.

Step-by-Step Process if a Teacher Retaliates Against a Student in Maryland

When a teacher or administrator in Baltimore, Columbia, or Upper Marlboro punishes, humiliates, or physically grabs a student for sitting during the Pledge, taking swift, documented steps ensures the behavior stops immediately.

Step 1: Record the Incident and Cite the Statutory Opt-Out

Have your child write down the exact date, time, classroom location, the exact words spoken by the teacher, and the names of any classmates who witnessed the incident. Keep any detention slips, emails, or lowered citizenship grades. Note that Md. Code, Educ. § 7-105(d) explicitly provides that any student or teacher who wishes to be excused from the requirements of the Pledge shall be excused, guaranteeing an unconditional right to opt out.

Step 2: Submit a Formal Grievance to the Building Principal

Send a formal email or certified letter to the school principal and the school system's general counsel citing Md. Code, Educ. § 7-105(d) and State v. Lundquist, 262 Md. 534 (MD Court of Appeals 1971). Demand immediate confirmation that the teacher will be instructed on Maryland's statutory opt-out law, that any disciplinary referral will be expunged under COMAR 13A.08.01.11, and that the student will be protected from classroom retaliation or transferred to another section if hostility persists.

Step 3: Escalate to the County Superintendent and Board of Education

If the principal fails to resolve the retaliation or defends an unlawful policy (such as demanding a parent opt-out letter), file a formal administrative complaint with the county superintendent of schools. Under Md. Code, Educ. § 4-205(c), any decision of a county superintendent regarding the interpretation of state school law or student discipline may be appealed in writing to the county board of education within 30 calendar days.

Step 4: File an Administrative Appeal or Federal Civil Rights Complaint

If a local board of education fails to correct the violation, families have 30 calendar days to appeal to the Maryland State Board of Education, Baltimore by filing a written Petition for Appeal under COMAR 13A.01.05.02. If the teacher's retaliation included harassment targeting the student's religion or national origin, you may also notify the Office of the Attorney General of Maryland, Baltimore or submit Form ED-OCR, Federal, U.S. Department of Education, Discrimination Complaint Form.

Step 5: Initiate a Constitutional Lawsuit for Retaliation

When a teacher physically forces a student out of a desk, imposes an unlawful suspension, or subjects a student to severe public humiliation for exercising their First Amendment rights, families do not have to wait months for administrative appeals. Consulting an experienced Maryland civil rights lawyer from our directory allows you to file a federal lawsuit under 42 U.S.C. § 1983 in the U.S. District Court for the District of Maryland, Baltimore or the U.S. District Court for the District of Maryland, Greenbelt (self-represented litigants use Form Pro Se 15, Federal, U.S. District Court, Complaint for Violation of Civil Rights (Non-Prisoner), while attorneys file electronically). State tort or constitutional claims may also be filed in local trial courts such as the Circuit Court for Howard County, Ellicott City or the Circuit Court for Frederick County, Frederick.

How Much Does it Cost in Maryland?

Enforcing your child's right to opt out of compelled speech in Maryland involves the following cost structure:

• School District Grievance & State Board Appeals: Filing an internal grievance with the principal, appealing to the county superintendent, or petitioning the Maryland State Board of Education, Baltimore under Md. Code, Educ. § 4-205 costs $0.
• Legal Demand Letter from a Maryland Attorney: Retaining a local education or constitutional lawyer to send an official legal notice to the school district's general counsel typically costs a flat fee between $500 and $1,500, which resolves the vast majority of Pledge disputes within days.
• Court Filing Fees: Filing a federal civil rights lawsuit in the District of Maryland costs $405, while filing a state action in a Maryland Circuit Court costs $165 to $185.
• Litigation Attorney Fees & Fee Shifting: Hourly rates for Maryland civil rights attorneys range from $300 to $525 per hour. However, because West Virginia State Board of Education v. Barnette, 319 U.S. 624 (US Supreme Court 1943) and State v. Lundquist, 262 Md. 534 (MD Court of Appeals 1971) are clearly established law, school officials rarely qualify for immunity, and prevailing families can seek full recovery of their attorney's fees from the school district in federal court.

How Long Does the Process Take?

The timeline for resolving a compelled speech violation depends on how quickly the school district's legal office intervenes:

• Principal & District Counsel Resolution: Once a school district's legal department is alerted to a violation of Md. Code, Educ. § 7-105(d), corrective instructions are typically issued to the building principal and teacher within 2 to 7 school days.
• County Board Administrative Appeal Deadline: Under Md. Code, Educ. § 4-205(c), formal appeals from a county superintendent's decision must be filed within 30 calendar days, with a county board decision typically taking 60 to 90 days.
• Emergency Federal Injunctions (TROs): If a student is barred from an athletic team or suspended for refusing to stand, a federal judge in Baltimore or Greenbelt can rule on a motion for a Temporary Restraining Order within 3 to 14 days.
• Civil Rights Statute of Limitations: Under Maryland law applicable to 42 U.S.C. § 1983 claims, families have up to 3 years from the date of the retaliation (or 3 years from the student's 18th birthday) to file a civil lawsuit for damages.

Frequently Asked Questions (FAQ)