Lawyer Jailed For Not Reciting Pledge Of Allegiance

By on October 8, 2010 in News 25

Danny Lampley is an attorney in Mississippi. After he stood silently while the Pledge of Allegiance was being recited in court, the judge held him in contempt and had him jailed. That’s just how free societies work.

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  • Andrew

    “Freedom?” Isn’t that what you carry in your wallet?

  • Andrew

    “Freedom?” Isn’t that what you carry in your wallet?

  • Liam_McGonagle

    Can someone clear this up for me?

    Is the objection that Mr. Lampley didn’t pledge allegiance to the society for which he supposedly serves as a court officer? Or is it that somehow the Pledge of Allegiance doesn’t represent the shared values of our society, but rather a narrower partisan agenda?

    ‘Cause my first thought is that if the man utterly disdains the institutions he works for, he deserves to be drummed out as a traitor. But my second thought is that if he thinks some bit–maybe the ‘Under God’ bit–is really coded sectarian language, maybe he has a point.

    Although I consider myself a Christian, I 100% believe that my freedom to practice that religion according to my conscience depends on Church and State being entirely separate. No way do I want some state appointed clergyman or judge or whatever telling me how or how not to be Christian.

    • http://voxmagi-necessarywords.blogspot.com/ VoxMagi

      Clearly…you get it. Once a litmus test is applied there will inevitably trouble between sects. What kind of Christian is Christian enough? Which sect sets the parameters for deciding this? Do Mormons or Catholics meet the criteria?

      The only safety for all is found in keeping religion out of government and vice versa. It only looks appealing to have the two intersect when you’re a member of the popular widely accepted faith…but once the table turn it can have horrifying consequences…and this judge who jailed a lawyer for refusing to recite an oath that was mangled in the 50s during anti-communist fever is a prime example of where things lead if you let them.

  • Liam_McGonagle

    Can someone clear this up for me?

    Is the objection that Mr. Lampley didn’t pledge allegiance to the society for which he supposedly serves as a court officer? Or is it that somehow the Pledge of Allegiance doesn’t represent the shared values of our society, but rather a narrower partisan agenda?

    ‘Cause my first thought is that if the man utterly disdains the institutions he works for, he deserves to be drummed out as a traitor. But my second thought is that if he thinks some bit–maybe the ‘Under God’ bit–is really coded sectarian language, maybe he has a point.

    Although I consider myself a Christian, I 100% believe that my freedom to practice that religion according to my conscience depends on Church and State being entirely separate. No way do I want some state appointed clergyman or judge or whatever telling me how or how not to be Christian.

  • KO

    While searching for a blog to comment on for my Contemporary Media Industries class, this one struck me as a particularly good one to comment on due to us just talking about the First Amendment and the rights we are given. I have two opinions about this matter, and I will begin to discuss my reasoning behind what I believe in full, therefore not choosing one side over the other, but giving a wide basis of facts to support what I believe to allow others to make their own decision without giving forth a biased comment.

    First off, The First Amendment is all about the five freedoms:

    ” Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.”
    — The First Amendment to the U.S. Constitution (firstamendmentcenter.org)

    Applying the five freedoms of the First Amendment to this situation with Danny Lampley, I believe that he should not have been held in contempt and had him jailed. The reason I believe this is because Danny Lampley should have had a choice in whether he should have recited the Pledge of Allegiance due the First Amendment stating that “Congress shall make no law respecting an establishment of religion, or prohibiting free exercise thereof….”I am thinking that Danny Lampley maybe didn’t believe “Under God,” part of the Pledge.Also I am basing my opinion on another part of the First Amendment “abridging the freedom of speech, or of the press” basically meaning that the judge should not have jained Danny Lampley for not reciting the Pledge of Allegiance because it was his right, according to the First Amendment to using the freedom of speech in his own way, by not speaking, or reciting the Pledge of Allegiance. So, therefore these are reasons why I believe he shouldn’t have been held contempt and been jailed.

    Now, another belief of mine is made strongly because I am a Christian and I believe fully in taking an oath of loyalty to the national flag and the United States, because I believe that is what God would have us do. Not only that, our country is founded by God, it is everywhere, even on our money! I believe that this country is “One Nation Under God” and that out of respect for our nation, Danny Lampley should have recited the Pledge of Allegiance aloud, not only because he is a court officer, but a citizen of the United States, as an oath of loyalty and our national flag. I would disagree with him reciting the Pledge of Allegiance if he wasn’t a U.S. citizen, that would make total sense why he didn’t.

    Now, on another note, there is a Flag Code that I will also include in my opinions shared here. According to the United States Flag Code , the Pledge “should be rendered by standing at attention facing the flag with the right hand over the heart. When not in uniform men should remove any non-religious headdress with their right hand and hold it at the left shoulder, the hand being over the heart. Persons in uniform should remain silent, face the flag, and render the military salute” ( Title 4, Chapter 1, Section 4, US Code). So, therefore in my understanding, Danny Lampley did stand facing the flag with the right hand over the heart, yet just didn’t recite the Pledge of Allegiance, which therefore is not taking oath of loyalty to the United States, and with him being an attorney in the United States, he should have recited it aloud. If Danny Lampley was not an attorney, and was in uniform, he should have rendered the military salute instead.

    So, now with the basis of The First Amendment rights, and The Flag Code I think we can make more of a clear decision on whether or not we believe Danny Lampley should have been held in contempt and jailed for not recite the Pledge of Allegiance. Either way, I think both of my beliefs leave a wide viewpoint of which to come to a clear understanding of our rights as U.S. citizens, and some of the codes, such as the Flag Code that come along with being a citizen of the United States.

    Now lets ask the question again: Should Danny Lampley have been held in contempt and jailed for not reciting the Pledge of Allegiance while in court?

    • Liam_McGonagle

      I think I’m tending to agree with you on most points. If I follow correctly:

      1. Law did not require Lampley to verbally repeat pledge.

      2. Lampley had legal right not to do so because of separation Church/State

      While I think I tend to agree with the notion that the nation as an institution was designed in part based on the Founding Fathers’ notions of elemental principles, I personally would have trouble with the rhetorical formulation “founded by God”.

      But I think I’m on board with the conclusion: Free Lampley.

      • KEO

        Yes, you are correct on 1 and 2! Those are my reasons to believe that Lampley should be freed. As you say, the rhetorical formulation “founded by God,” is merely me using my freedoms to the fullest extent. In this society, and due to the First Amendment I am FREE to believe these things. Everyone will not have the same beliefs, totally get that :)

  • KO

    While searching for a blog to comment on for my Contemporary Media Industries class, this one struck me as a particularly good one to comment on due to us just talking about the First Amendment and the rights we are given. I have two opinions about this matter, and I will begin to discuss my reasoning behind what I believe in full, therefore not choosing one side over the other, but giving a wide basis of facts to support what I believe to allow others to make their own decision without giving forth a biased comment.

    First off, The First Amendment is all about the five freedoms:

    ” Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.”
    — The First Amendment to the U.S. Constitution (firstamendmentcenter.org)

    Applying the five freedoms of the First Amendment to this situation with Danny Lampley, I believe that he should not have been held in contempt and had him jailed. The reason I believe this is because Danny Lampley should have had a choice in whether he should have recited the Pledge of Allegiance due the First Amendment stating that “Congress shall make no law respecting an establishment of religion, or prohibiting free exercise thereof….”I am thinking that Danny Lampley maybe didn’t believe “Under God,” part of the Pledge.Also I am basing my opinion on another part of the First Amendment “abridging the freedom of speech, or of the press” basically meaning that the judge should not have jained Danny Lampley for not reciting the Pledge of Allegiance because it was his right, according to the First Amendment to using the freedom of speech in his own way, by not speaking, or reciting the Pledge of Allegiance. So, therefore these are reasons why I believe he shouldn’t have been held contempt and been jailed.

    Now, another belief of mine is made strongly because I am a Christian and I believe fully in taking an oath of loyalty to the national flag and the United States, because I believe that is what God would have us do. Not only that, our country is founded by God, it is everywhere, even on our money! I believe that this country is “One Nation Under God” and that out of respect for our nation, Danny Lampley should have recited the Pledge of Allegiance aloud, not only because he is a court officer, but a citizen of the United States, as an oath of loyalty and our national flag. I would disagree with him reciting the Pledge of Allegiance if he wasn’t a U.S. citizen, that would make total sense why he didn’t.

    Now, on another note, there is a Flag Code that I will also include in my opinions shared here. According to the United States Flag Code , the Pledge “should be rendered by standing at attention facing the flag with the right hand over the heart. When not in uniform men should remove any non-religious headdress with their right hand and hold it at the left shoulder, the hand being over the heart. Persons in uniform should remain silent, face the flag, and render the military salute” ( Title 4, Chapter 1, Section 4, US Code). So, therefore in my understanding, Danny Lampley did stand facing the flag with the right hand over the heart, yet just didn’t recite the Pledge of Allegiance, which therefore is not taking oath of loyalty to the United States, and with him being an attorney in the United States, he should have recited it aloud. If Danny Lampley was not an attorney, and was in uniform, he should have rendered the military salute instead.

    So, now with the basis of The First Amendment rights, and The Flag Code I think we can make more of a clear decision on whether or not we believe Danny Lampley should have been held in contempt and jailed for not recite the Pledge of Allegiance. Either way, I think both of my beliefs leave a wide viewpoint of which to come to a clear understanding of our rights as U.S. citizens, and some of the codes, such as the Flag Code that come along with being a citizen of the United States.

    Now lets ask the question again: Should Danny Lampley have been held in contempt and jailed for not reciting the Pledge of Allegiance while in court?

  • Anonymous

    I think I’m tending to agree with you on most points. If I follow correctly:

    1. Law did not require Lampley to verbally repeat pledge.

    2. Lampley had legal right not to do so because of separation Church/State

    While I think I tend to agree with the notion that the nation as an institution was designed in part based on the Founding Fathers’ notions of elemental principles, I personally would have trouble with the rhetorical formulation “founded by God”.

    But I think I’m on board with the conclusion: Free Lampley.

  • http://voxmagi-necessarywords.blogspot.com/ VoxMagi

    Clearly…you get it. Once a litmus test is applied there will inevitably trouble between sects. What kind of Christian is Christian enough? Which sect sets the parameters for deciding this? Do Mormons or Catholics meet the criteria?

    The only safety for all is found in keeping religion out of government and vice versa. It only looks appealing to have the two intersect when you’re a member of the popular widely accepted faith…but once the table turn it can have horrifying consequences…and this judge who jailed a lawyer for refusing to recite an oath that was mangled in the 50s during anti-communist fever is a prime example of where things lead if you let them.

  • http://voxmagi-necessarywords.blogspot.com/ VoxMagi

    Good luck getting a Jesus-crispie judge in Mississippi disbarred…the whack jobs are dug in down there like ticks on a dog.

  • http://voxmagi-necessarywords.blogspot.com/ VoxMagi

    Good luck getting a Jesus-crispie judge in Mississippi disbarred…the whack jobs are dug in down there like ticks on a dog.

  • chinagreenelvis

    I haste to say that it’s entirely possible the events that took place and the consequences that followed may have been somewhat more complex than can possibly be expressed in three sentences.

    But that’s just how reactionary media works.

  • chinagreenelvis

    I haste to say that it’s entirely possible the events that took place and the consequences that followed may have been somewhat more complex than can possibly be expressed in three sentences.

    But that’s just how reactionary media works.

  • Haystack

    Jailing citizens for failing to recite a loyalty oath is a practice worthy of Communist China. For that matter, so is requiring students to recite loyalty oaths every morning in school.

    In high school, I stood for the pledge, but didn’t bother reciting it. You can talk about the separation of church and state or other political reasons why someone might object to it, but I simply resented being pressured into repeated public declarations of my loyalty to the country. Am I unpatriotic? Are you a bad spouse if you fail to recite your wedding vows every morning?

    I think the pledge is a bothersome imposition, and that Americans have the right to go about their lives without having their loyalty arbitrarily tested or questioned.

    • oman28

      Finding similarities between the USA and communist China? Hmmmm

  • Haystack

    Jailing citizens for failing to recite a loyalty oath is a practice worthy of Communist China. For that matter, so is requiring students to recite loyalty oaths every morning in school.

    In high school, I stood for the pledge, but didn’t bother reciting it. You can talk about the separation of church and state or other political reasons why someone might object to it, but I simply resented being pressured into repeated public declarations of my loyalty to the country. Am I unpatriotic? Are you a bad spouse if you fail to recite your wedding vows every morning?

    I think the pledge is a bothersome imposition, and that Americans have the right to go about their lives without having their loyalty arbitrarily tested or questioned.

  • Hadrian999

    when I have children they will be instructed to not say the pledge of allegiance,
    aside from being a paradox itself, we are free men and women not subjects of the government.

  • Hadrian999

    when I have children they will be instructed to not say the pledge of allegiance,
    aside from being a paradox itself, we are free men and women not subjects of the government.

  • Anonymous

    Finding similarities between the USA and communist China? Hmmmm

  • scallywag
  • Anonymous
  • KEO

    Yes, you are correct on 1 and 2! Those are my reasons to believe that Lampley should be freed. As you say, the rhetorical formulation “founded by God,” is merely me using my freedoms to the fullest extent. In this society, and due to the First Amendment I am FREE to believe these things. Everyone will not have the same beliefs, totally get that :)

  • http://www.lawyerkind.com/category/asbestos-lawyer/ Asbestos Lawyer

    Normally I wouldn’t comment on posts but I felt that I had to as your writing style is actually good. You have broken down a tough area so that it easy to understand.