I'm not a lawyer, but am a history professor, so here's what came to mind for me: in West Virginia State Board of Education vs. Barnette (1943) the US Supreme Court reversed Minersville School District vs. Gobits (1940) in which the court had ruled that students could be compelled to say the pledge; in the 1943 decision rules that "compulsory unification of opinion" violates the First Amendment. However, whether minors can act independently or whether their parents have sway and how much over their children's actions remains under debate; the Supreme court refused to hear a case last year in which a Florida 4th grader (brave kid!) refused to rise for the pledge as an act of conscience (see Warren Richey, "Supreme Court declines Pledge of Allegiance Case," _Christian Science Monitor_, 5 Oct. 2009, at Supreme Court declines Pledge of Allegiance case - CSMonitor.com ). So a legal challenge to school-imposed restrictions, which in the Florida case seem to be based on having a parent's written indication that the child be allowed not to stand/recite, is still in order. The Florida teacher replied with some twaddle about how ungrateful the kid was, because that flag was fighting for their freedom--see the kid's response, it is excellent. Good luck in your enquiry--I hope to work with students like that kid, and you, one of these days!