Jack Gordon’s letter in response to the media and heavy commentary for taking the McDowell case

Read more about the case here.

“Thank you all for joining the discourse. Participating in dialogue over issues that Americans disagree about is the very essence of free expression under the First Amendment.

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”. 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.

I personally choose to stand for the Pledge of Allegiance, and to 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.”

The term “all” includes both those people who choose to stand for the pledge, as well as those who choose to kneel. It is my 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. These rights come from the hand of God and must be afforded to all people, of all political views, provided their views are expressed in peaceful and non-violent manners that do not infringe upon the rights of others.

The true notion of free speech and responsible citizenry is an idea held by generations of citizens who believe that America is a constant work in progress; who believe that loving this country requires more than merely singing its praises. Free speech and responsible citizenry require the occasional disruption and the willingness to speak out for what is right. And if liberty means anything at all, it means the right to express a view that others may not agree with.

If you have ever attended a major sporting event, and participated in the national anthem with military jets majestically roaring overhead, you will have felt the power of patriotism. I would respectfully suggest that the true power of patriotism that one experiences on these occasions is not merely from singing the national anthem or from reciting the Pledge of Allegiance. The true power is not merely in the speaking of the words . The true power of the pledge, and of the anthem, is in the solidarity of tens of thousands of people in attendance who voluntarily elect to participate, and join together as individuals. The true power is that these individuals have made that decision to participate from free choice, and not from peer pressure or because they are otherwise required to participate.

We felt compelled to prosecute this case against the school board knowing full well that we would likely be subject to scorn, opprobrium, and contempt. Many, many of our colleagues chose to reject prosecution of this claim because of this reality. While I don’t condemn their decision-making, I will respectfully suggest that their decision is contrary to the express language of the Oath to the Florida Bar because such rejection is made based upon personal consideration of themselves as referenced above.

I also subscribe to the notion that “it takes a village to raise a child.” 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.”