Fighting For Our First Amendment Rights

Posted | October 04, 2023
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Protecting Your Constitutional Right to Fight

Taking a knee during the Pledge of Allegiance is a Constitutional right that has become a symbolic act of protest against social injustices. Regardless of beliefs, it’s a fundamental bedrock on which America is founded—free speech—the right to kneel for what you stand for. “I personally choose to stand for the Pledge of Allegiance,” states Jeffrey “Jack” Gordon of MANEY | GORDON Trial Lawyers. “I place my hand over my heart while reciting the words that carry great meaning to me. All of the words of the pledge are significant, especially the final refrain, ‘with liberty and justice for all.’”

Some years ago in Pasco County, a family sought to take legal action against their school district. Their first-grade child was reprimanded by his teacher for taking a knee while classmates recited the Pledge of Allegiance. The student was then ejected from class for his disruption while arguing his right to kneel. The family alleges that the teacher violated the boy’s constitutional rights, sparking a discussion about freedom of expression and the role of schools in promoting a diverse and inclusive environment.

Community discourse ensued, the media noticed and no law firm wanted to touch it.

That’s when Mr. Gordon and his team of expert trial lawyers stepped up. “Attorneys admitted to the Florida bar pledge an oath to ‘support the Constitution of the United States and the Constitution of the State of Florida,’ says Jack Gordon. “An attorney is required to protect his clients and their causes and pledges to ‘never reject, from any consideration personal to [him]self’ the cause of his clients. The term “all” includes both those people who choose to stand for the pledge, as well as those who choose to kneel.” It is Jack Gordon’s belief that the inalienable rights that are codified in the United States Constitution are not granted to people by virtue of the generosity of politicians or governmental agencies.

And MANEY | GORDON Trial lawyers took the case.

Promoting a Diverse and Inclusive Environment

By navigating complex issues like freedom of expression, schools have an opportunity to teach students about the power of peaceful protest and the significance of diversity in a democratic society. According to Gordon however, the school board of Pasco County “didn’t comply” when the teacher ejected the student and they failed to notify the parents of the student’s lawful rights.

Eugenia Mcdowell headshot
Eugenia McDowell has sued the Pasco County school district over the way her 6-year-old son was treated when he took a knee during the Pledge of Allegiance at Wiregrass Elementary School in September 2017. [JEFFREY S. SOLOCHEK | Times]

The Impact of Defending Students and Their Families

The McDowell Family vs. Pasco County lawsuit extends beyond the individual case and serves as a reminder of the potential impact on students and their families. Recognizing and protecting free speech and debate not only preserves the integrity of our democratic values but also ensures a more balanced and inclusive educational environment for all.

Gordon continues, “The only way to measure a school district is by the people whom their students become. As responsible citizens, we must do more than merely applaud success or condemn failure. We must do what we can to participate in developing wise and discerning citizens. If we stand idly by while the free expression of students is compromised, or while active civil discourse is discouraged, then we will be complicit in crippling an entire generation.”

MANEY | GORDON Trial Lawyers is a fearless law firm who recognizes this essential foundation of the United States. They are proud of their expertise, acumen, and guts to, above all else, uphold their sacred Constitutional laws and fight for our rights regardless of their personal beliefs.

Click HERE to read Jack Gordon’s open letter about his and MANEY | GORDON Trial Lawyers’ passion for protecting the Constitution and free speech.