A South Carolina 9th grader is suing the school district and administrators for the abusive incident she suffered at River Bluff High School.
According to court documents, Marissa Barnwell, a 15-year-old high school freshman, alleged that her teacher physically restrained her against a wall in an attempt to coerce her into reciting the Pledge of Allegiance.
The incident reportedly occurred in November 2022 while Barnwell was on her way to class and the pledge was being broadcasted over the school's intercom system.
South Carolina 9th Grader Sues Lexington School District One
On behalf of their daughter, Barnwell's parents have filed a lawsuit against Lexington School District One, Superintendent Gerrita Postlewait, the S.C. Department of Education, River Bluff Principal Jacob Smith, and River Bluff teacher Nicole Livingston.
According to the Daily News, the lawsuit alleges that Barnwell's constitutional rights were violated when Livingston physically assaulted her and forced her to acknowledge the Pledge of Allegiance.
According to the lawsuit, Barnwell chose not to acknowledge the Pledge of Allegiance in a non-disruptive manner while walking to her classroom.
Livingston then confronted her and physically assaulted her, pushing her onto the wall and touching her forcefully without her consent. The lawsuit further alleges that Livingston then took Barnwell to the principal's office for punishment.
Barnwell was left in shock after the incident, and in the video captured by a student, she can be heard telling Livingston to stop touching her.
After informing Principal Smith of what had happened, he told her that he would review the footage and sent her back to class. At a news conference, Barnwell spoke out about how disrespected she felt by the incident.
She also expressed her disappointment that nobody had apologized or acknowledged her hurt. To her, the fact that the school is defending Livingston's behavior is unimaginable.
The lawsuit seeks damages for the violation of Barnwell's constitutional rights and the emotional distress she suffered as a result of the incident.
It also calls for reforms to the school district's policies to prevent similar incidents from happening in the future.
School's Policy on the Pledge of Allegiance
Insider reported that the lawsuit alleges that the Lexington School District and River Bluff High School policy mandates all students to recite the Pledge of Allegiance at approximately 8:40 am every school day.
However, the policy permits students who choose not to participate to leave the classroom or show nonparticipation in any form that does not disrupt school activities or infringe on the rights of others.
The lawsuit contends that the incident violated Barnwell's Constitutional rights, specifically the First and Fourteenth Amendments.
The lawsuit notes that the government cannot compel individuals to acknowledge the Pledge of Allegiance, as established by legal precedents.
Barnwell, an African American student on the honor roll, claims that she was singled out by the teacher and that no other student was confronted.
According to The State, under South Carolina law, students are exempt from reciting the pledge if they choose not to participate, and they cannot be penalized. They are free to express their nonparticipation in a way that does not disrupt school activities or infringe on the rights of others.
Barnwell's parents stated that they did not receive any communication from the district following the incident, and they are now seeking accountability for Livingston's actions through the lawsuit.
However, Livingston, Postlewait, Smith, the school district, and the Department of Education have all refused to take responsibility, according to the lawsuit.
