9th grader sues school district after staffer allegedly 'physically assaulted' her when she didn't recite the Pledge of Allegiance

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LEXINGTON, S.C. — (LEXINGTON, S.C.) -- The family of a 15-year-old Black honor student is suing her South Carolina school district, alleging she was assaulted by a school staffer who she said was upset she hadn't stopped to acknowledge the Pledge of Allegiance.

Lawyers for the family of Marissa Barnwell, a student at River Bluff High School in Lexington, said in a federal lawsuit that on Nov. 29, 2022, Barnwell"decided to exercise her First Amendment Right to refrain from acknowledging the Pledging Allegiance in a non-disruptive manner" when an instructional assistant"physically assaulted" Marissa before taking her to the principal's office for punishment.

"I am respectfully requesting that you use the authority of your office to help restore what little bit of faith the Barnwell family may have left that the word all referenced in the phrase 'Liberty and Justice for All' may actually include a 15-year-old Black girl in Lexington, South Carolina, who decided to use her voice to push America to the ideals she hopes to stand for," Bailey wrote in his letter to the state's attorney general.

ABC News obtained school surveillance video that appears to show an interaction between Marissa and the staffer in a school hallway. According to the lawsuit, Marissa alleges that the principal sent Marissa back to class telling her that he would review the surveillance video footage of the alleged incident.

"A person who does not wish to participate may leave the classroom, may remain in his seat, or may express his non-participation in any form which does not materially infringe upon the rights of other persons or disrupt school activities," the law states.

 

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