...Asked for perspective, Darius Charney, senior staff attorney for the Center for Constitutional Rights, told the Press that kneeling during the Pledge of Allegiance in public schools is constitutionally protected free speech. Charney wondered how the teachers’ kneeling could have disrupted the class since it is a silent form of protest.
“The First Amendment of the US Constitution clearly protects this kind of protest on matters of serious public concern,” said Charney. “So unless there is evidence that the kneeling actually caused a real disruption in the classroom—which, given its silent nature, seems highly unlikely—the school authorities cannot discipline these teachers for exercising their constitutional rights.” ...