West Virginia State Board of Education v. Barnette, a 1943 Supreme Court case cited in the lawsuit, protects students from being forced to salute the flag and recite the Pledge of Allegiance in public school.
"And then the pledge came on, and they both stood". Now India is suing Winderfern High School.
Landry's mother, Izzy Landry, says she recorded a phone call of the principal telling her that India was expelled because of her refusal to stand. She asked me to, and I said I wouldn't. "The only danger appeared to be that her sitting whipped Principal Strother into a political frenzy".
"I don't want to stand for something that doesn't represent what I'm going through", she said. India Landry, a senior at Windfern High School, says she was in the principal's office October 2 when the pledge began over the PA system. She said that "police brutality" and "Donald Trump being President" motivates her to do it, and she was surprised when she got in trouble for it.
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It's something India has done for as long as she can remember.
The teen told CBS Affiliate KHOU that she "refused to stand for the plegde because it goes against everything I believe in". "She said she hopes it just brings awareness of what is going on". "They never had a problem up until now".
India stopped standing for the Pledge of Allegiance because she felt like it goes against what it stands for. She knows her decision.
Nicole Ray, a spokeswoman for the school district said she was not aware of the lawsuit and noted a "student will not be removed from campus for refusing to stand for the Pledge".
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"I'm scared of being mistreated now by the administration because of what happened", India said. "We will address this situation internally".
India also said that the school officials were making comments how this isn't the NFL referencing the National Anthem protests.
Kizzy says she tried to write a note but was told her daughter will not be allowed back at all until she stands, with or without that note.
Following the news of her being expelled, India's mother Kizzy Landry filed a lawsuit against the school district and the school principal Martha Strother, seeking unspecified exemplary and punitive damages.
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