More than half a century ago the United States Supreme Court, in a landmark religious liberty case, recognized the right of American school children not to salute the flag or recite the Pledge of Allegiance. Something about the Constitution as I recall. Punishments like suspension and expulsion became a thing of the past. Word of the decision appears not yet to have reached Tupelo, Mississippi where local judge Talmadge Littlejohn will send the noncompliant to cool their heels in the county jail for refusing to recite the Pledge in court.
Attorney Danny Lampley learned the hard way when he showed up in Judge Littlejohn’s court to represent a client in a divorce case. When the judge ordered everyone in the courtroom to stand and recite the Pledge of Allegiance, Lampley remained seated and silent. Judge Littlejohn then made a factual finding that Lampley had “failed and refused” to stand and say the Pledge, and held him in Criminal Contempt.
For those unfamiliar with court proceedings, there are two types of contempt, civil and criminal. Civil contempt requires future compliance and carries the potential of a fine. Criminal contempt results in jail time.
Danny Lampley, found summarily guilty of criminal contempt, was hauled off to the Lee County Jail where he spent the next five hours with the county’s common criminals before Judge Littlejohn allowed his release. While the reports on this case don’t go into specifics, the standard procedure in such a case would be to have the individual handcuffed and removed from the courtroom, taken to the jail where he would be booked, fingerprinted and have his mug shot taken. All personal possessions would then be inventoried as they were removed. He would be stripped of civilian clothes, invasively searched, issued jail garb and placed in a holding tank for later assignment to a cell.
Now what were the last few words of that Pledge? Oh, yeah. “…with liberty and justice for all.” Reciting it is one thing, Judge Littlejohn; respecting the principals it represents may require a tad more attention on your part.
Contributor, aka tidbits. Retired attorney in complex litigation, death penalty defense and constitutional law. Former Nat’l Board Chair: Alzheimer’s Association. Served on multiple political campaigns, including two for U.S. Senator Mark O. Hatfield (R-OR). Contributing author to three legal books and multiple legal publications.