Frain v. Baron

The superintendent of the New York City public schools required schools to begin each day with a recitation of the Pledge of Allegiance. The policy allowed students who did not wish to participate the option to leave the classroom during the pledge. Three students (plaintiffs) at two schools chose to sit silently in their classrooms during the pledge, citing principled objections to their recitation of it. The students also refused to go into the hall during the pledge, arguing that the physical exclusion from the classroom constituted a punishment for exercising their rights. The students were suspended. The justification for the suspension was apprehension that allowing students to remain seated during the pledge would threaten “the maintenance of discipline.” The students sued various school and district officials (defendants), claiming violations of their constitutional rights to free expression. The students sought a preliminary injunction to prevent the city from enforcing the suspensions. The court granted a temporary restraining order reinstating the students in school pending the court’s decision on the preliminary injunction. Between the issuance of the temporary restraining order and the court’s decision as to the preliminary injunction, the students returned to school and continued to sit during the pledge without causing any disturbances.