Miss. Judge Again Asks Courtroom to Say Pledge After Jailing Lawyer for Refusing

Published October 08, 2010
| Associated Press

AP


TUPELO, Miss. – A Mississippi judge again asked everyone in his courtroom to stand and pledge allegiance to the flag, despite an uproar over whether he has the right to make such a request.

The furor began Wednesday when an attorney with a reputation for fighting free speech battles stayed silent as everyone else recited the patriotic oath. The lawyer was jailed.

A day later, Judge Talmadge Littlejohn continued to ask those in his courtroom to say the pledge.

"I didn't expect the Pledge of Allegiance, but he asked me to do it, so I did it," said Melissa Adams, 41, who testified in a child custody case that was closed to the public.

Attorney Danny Lampley spent about five hours behind bars before Littlejohn set him free so that the lawyer could work on another case. Lampley told The Northeast Mississippi Daily Journal he respected the judge but wasn't going to back down.

I don't have to say it because I'm an American," Lampley told the newspaper.

Lampley has kept quiet since. He didn't return telephone calls, and a voice message said, "In the aftermath of the event on Oct. 6, I am unable to respond to all of the telephone calls and at the same time take care of my business and clients." An address listed for him turned out not to be his house.

The Supreme Court ruled nearly 70 years ago that schoolchildren couldn't be forced to say the pledge, a decision widely interpreted to mean no one could be required to recite it.

Lampley, 49, previously refused to say the pledge in front of Littlejohn in June. He was asked to leave the courtroom, but returned after the pledge.

In the small town of Tupelo, the birthplace of Elvis with a population of about 35,000, some were infuriated by Lampley's silence.

"I thought he was a disgrace to the United States," Bobby Martin, a 43-year-old self-employed maintenance worker, said of Lampley. "If he can't say that in front of a judge, he don't deserve to be here" in this country.

Others voiced support for the attorney.

"I'm speechless. The judge needs a reminder copy of the First Amendment," said Judith Schaeffer, a Washington attorney who, along with Lampley, successfully sued the Pontotoc school district in northern Mississippi in the 1990s to stop students from praying over the intercom.

Lampley also was victorious representing a Ku Klux Klan leader when a county in the Mississippi Delta tried to prevent a rally.

"Danny's going to stand up for everybody's principles," she said. "Danny loves the Constitution. He's a staunch defender of constitutional rights."

Lampley was representing a client in a divorce case when he was found in contempt. The judge's order, obtained by The Associated Press, said: "Lampley shall purge himself of said criminal contempt by complying with the order of this Court by standing and reciting the Pledge of Allegiance in open court."

An AP reporter tried to arrange an interview with the judge at the courthouse, but a clerk said he was unavailable and the order spoke for itself.

Littlejohn is in his mid-70s and has been a chancery judge for eight years, presiding mainly over divorces and child custody disputes. He was a state lawmaker, prosecutor and city judge before then. He's also a Sunday School teacher at First Baptist Church of New Albany and is known for running an orderly, professional courtroom.

"He respects God and he respects the flag," Alcorn County Chancery Clerk Bobby Marolt said.

Adams, who testified in the custody case, described the judge as a good listener who likes to make jokes when appropriate.

"He's very calm, but he gets on you when he needs to," Adams said. "He listens to you and he's constantly writing things down."

Omar Craig was a defense attorney when Littlejohn was a district attorney years ago. Craig, 83, has practiced law for 56 years in north Mississippi and called Littlejohn one of the leading judges in that part of the state.

"He's a fine judge. Fair. Honest," Craig said.

Judges in Mississippi are elected, though they run in nonpartisan races. Littlejohn is running unopposed for re-election in November.

He ran for a congressional seat as a Democrat in 1996, finishing second out of three candidates in the Democratic primary. He lost a runoff.

The Pledge of Allegiance has faced challenges since it was published in 1892.

In 1943, the Supreme Court ruled that children in public schools could not be forced to salute the flag and say the pledge. In 1954, the words "under God" were added to the pledge, when members of Congress at the time said they wanted to set the United States apart from "godless communists."

In March, an appellate court upheld references to God on U.S. currency and in the Pledge of Allegiance, rejecting arguments they violate the constitutional separation of church and state.

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So what do you think about this? Americans adher to the 1st amendment to protect our right to say or not say what we chose within reason. Nobody enjoys complete freedom of speech. You can't threaten to shoot the president whether he needs it or not, I can't scream fire in a theater unless it actually is burning, try saying you are going to hijack the airliner as you wait to board, see what happens next.. So when it comes to pledging/ swearing allegiance to this country when and where is the setting for this act.

If we meet on the sidewalk I'm not going to demand you  recite the pledge or accuse you of being unamerican if you tell me to f off. But in a courtroom where oaths are required and swearing on the Bible is the norm prior to giving testimony, how does pledging allegiance to this great country infringe on anyone? As a citizen of this land just where would someone who objects find as the appropriate place and circumstance? Nowhere you are thinking, am I correct?

Well in that case We The People must determine for them the when and where.

I like courtrooms, public gatherings of 500 or more, registering for a drivers license or registering to vote, places where we vote, every classroom from elementary to the university level ( wouldn't that piss of some professors) as starters. How about you where do you think the pledge should be required by citizens. While we're at it we should reclaim prayer at ALL the prior venues. (that would really piss off the professors but it would please God Almighty).

The disloyal will mumble the pledge half heartedly or swear falsely just like the failed Muslim-American Times Square car bomber claimed during his life sentencing this week. The Judge asked Mohamed Slime Ball if he had sworn an Oath to America when he was naturalized and he smirked, "I lied".

For the hard core no pledgers we need to remedy that situation, by escorting them to the nearest exit and stamp on their foreheads "citizenship revoked". The liars we can ferret out as we come to them.

Steve



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