Lexington, South Carolina, October 26, 2025
News Summary
The Lexington One School District has settled a lawsuit for $75,000 after a 15-year-old student’s First Amendment rights were allegedly violated. Marissa Barnwell was stopped for not acknowledging the Pledge of Allegiance at River Bluff High School. Despite the district denying claims of discrimination, they reached a settlement. Barnwell will receive $46,979, held until she turns 18 years old. The incident has sparked a discussion about students’ rights and freedom of expression in schools.
Lexington, South Carolina – The Lexington One School District has reached a settlement of $75,000 in a lawsuit filed by the family of Marissa Barnwell, a 15-year-old student at River Bluff High School. The lawsuit alleged that Barnwell’s First Amendment rights were violated after she was stopped in a school hallway for not acknowledging the Pledge of Allegiance on November 29, 2022.
The incident reportedly involved teacher Nicole Livingston, who physically intervened and demanded that Barnwell participate in the pledge. Following the encounter, Barnwell was taken to Principal Jacob Smith’s office. According to the lawsuit, Barnwell was the only African American student stopped, despite other students in the vicinity not reciting the pledge, which led to allegations of discrimination.
Although the Lexington One School District denied the claims, asserting that Barnwell was stopped during a moment of silence and not while the pledge was being recited, a settlement was ultimately reached. Barnwell will receive $46,979 of the total $75,000, which will be held in an account until she turns 18 years old. The remaining funds will go to Barnwell’s attorney, Tyler Bailey.
Before the settlement, some claims from the lawsuit, including allegations of negligence and violations of the Fourteenth Amendment, were dismissed by a federal judge. Barnwell expressed feelings of disrespect and humiliation following the incident, stating that no one from the school had apologized or acknowledged her hurt.
The lawsuit highlighted that South Carolina law permits students to refuse to recite the Pledge of Allegiance without facing penalties, emphasizing that such non-participation should not disrupt school activities. A representative for Lexington One mentioned that both Barnwell and school employees received “extremely hateful communication” regarding this incident.
Marissa Barnwell is described as a Black honor roll student at River Bluff High School, which has a majority-white student population of over 73%. The family, with the support of attorney Tyler Bailey, is seeking accountability for the alleged misconduct by the teacher and school officials.
Background Context
The controversy surrounding the Pledge of Allegiance in schools often raises questions about students’ rights and freedom of expression, particularly regarding how school officials manage these situations. The case involving Barnwell has invited discussions around the implications of free speech in educational settings.
Key Features of the Case
- Incident Date: November 29, 2022
- Amount Settled: $75,000
- Amount Received by Barnwell: $46,979 (to be accessible when she turns 18)
- Discrimination Allegations: Barnwell was the only African American student stopped
- Lawyer: Tyler Bailey
- School’s Response: Denial of the allegations; indicated other students were not disciplined
- Demographic: Barnwell is a Black honor roll student at a majority-white school (over 73%)
FAQ
What incident led to the lawsuit?
Marissa Barnwell, a 15-year-old student at River Bluff High School, was stopped by a teacher in the hallway on November 29, 2022, after she did not acknowledge the Pledge of Allegiance.
What was the outcome of the lawsuit?
A settlement of $75,000 was reached, with Barnwell receiving $46,979, which will be deposited in an account accessible when she turns 18.
What allegations were made against the school district?
The federal complaint claimed Barnwell’s First Amendment rights to protest the pledge were violated and alleged discrimination, as she was the only African American student stopped despite other students not reciting the pledge.
What was the school’s response to the allegations?
The Lexington One School District denied the allegations, arguing that Barnwell was stopped during a moment of silence, not during the pledge, and claimed no discipline was imposed.
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Additional Resources
- WLTX: Pledge of Allegiance Lawsuit at River Bluff High School
- New York Times: South Carolina Teacher Incident
- ABC News: Student Sues School District
- The State: Lawsuit Against School District
- Post and Courier: Teacher Denies Allegations
- Wikipedia: Freedom of Speech in the United States
- Google Search: Pledge of Allegiance lawsuit South Carolina
- Google Scholar: Pledge of Allegiance lawsuit
- Encyclopedia Britannica: Freedom of Speech
- Google News: South Carolina Pledge of Allegiance lawsuit
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