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UPDATE: Law prof says judge lucky he can't be sued in Pledge jailing
by Patsy R. Brumfield/NEMS Daily Journal
19 months ago | 16095 views | 49 49 comments | 25 25 recommendations | email to a friend | print
Attorney Danny Lampley is seen in an undated photo provided by the Lee County, Miss., Sheriff s Department.
Attorney Danny Lampley is seen in an undated photo provided by the Lee County, Miss., Sheriff's Department.
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Reaction is global today after Oxford attorney Danny Lampley was jailed Wednesday because he declined to repeat the Pledge of Allegiance in Chancellor Talmadge Littlejohn's Tupelo courtroom.

"The judge is lucky he's immune from being sued," said George Cochran, the iconic constitutional law professor at the University of Mississippi.

Littlejohn declined comment on the situation Wednesday and could not be reached again today.

News reports about Lampley's jailing are being published around the globe after The Associated Press carried information from the Northeast Mississippi Daily Journal's report.

In a Russian version of the story, the only words recognizable by English readers are the newspaper's name, Littlejohn's and Lampley's.

Reaction has been harsh, too, from Mississippi attorneys and legal bloggers.

• Read Friday's Daily Journal for more.

(EARLIER POSTING BELOW)

TUPELO - Danny Lampley's clients usually are the ones ordered to the Lee County Jail.

Wednesday, Chancellor Talmadge Littlejohn sent the 49-year-old Oxford attorney there for refusing to recite the Pledge of Allegiance in court.

Littlejohn urged Lampley to reconsider repeating the Pledge, as every other person in the judge's courtroom did as the day's proceedings began.

"This morning, that was the last thing on my mind," Lampley said late in the day after a child-support hearing.

At 10 a.m., Lampley was in jail garb. By 2:30 p.m., Littlejohn ordered his release and return to the Lee County Justice Center to continue their business.

After the hearing, Littlejohn's assistant said the judge had no comment on the matter.

Lampley said he was worried the judge would send him back to jail.

Simply put, the attorney said he and the judge have a "different point of view" about things, like loyalty oaths and the pledge.

"I have a lot of respect for him," Lampley said, "I'm just not going to back off on this.

"It's a problem, but it's for the judge and me to work out."

Wednesday's incident wasn't the first time Lampley had crossed the judge. Lampley said he was reprimanded by Littlejohn in June in a Corinth proceeding.

"I don't have to say it because I'm an American," he said about the 31-word pledge. "I hope he's not too angry with me."

David Hudson Jr., a scholar at the First Amendment Center at Vanderbilt University, said forcing Lampley to repeat the pledge is clearly a violation of his free-speech rights.

"I've never heard of a judge jailing a lawyer over this," he said Wednesday.

Lampley is no stranger to controversy. Years ago, he represented a Pontotoc woman who objected to student-led intercom prayer and Bible history classes taught at North Pontotoc Attendance Center. U.S. District Judge Neal Biggers agreed the activities were unconstitutional.

Contact Patsy R. Brumfield at (662) 678-1596 or patsy.brumfield@djournal.com. Emily Le Coz contributed to this report.

Click here for Associated Press video of this story.
Comments
(49)
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Cleveland_Jake
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October 08, 2010
Since the pledge was written by a socialist in 1892 (the heyday of American Socialism), I am suprised that reactionary jingoists have not called for it to be rewritten.

justanexex
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October 08, 2010
Good grief, do people just like sticking their feet in their mouth or what? Too many people in the wrong here.

The judge is in the wrong for trying to make him say the pledge.

The lawyer can be preceived in the wrong for not respecting this great country.

If I remember correctly, there was a nice little movie some years ago called the American President with Michael Douglas. Toward the end of the movie in a speech, Douglas as the President, talks about how living in the United States is advanced citizenship. The speech goes on talking about defending the burning of an American flag, even though the thought of that burning is bad. Perhaps a nice parallel to what is going on here.

People are just taking their citizenship for granted. There is just not enough respect for other people; and there is just not enough respect for this country anymore.

If the lawyer wanted another 15 minutes of fame, don't do it while disrespecting where we live. If the judge wants to make a point of how more respect is needed, don't force someone to do something he should know better than.

Come on people, stop coasting through life, spoiled by the freedom you have.

nobetter
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October 08, 2010
Dont forget about judge Thomas Gardner,Heather Joyner,Johnny Young,and company.They cant be counted out when we're talking about issues like this.they all work together,so when one is removed from bench,the others takes up the slack!They all know how to use that good ole boy thing.My question is how did it get to CNN & Fox.i got plenty of intel to share with someone that cares and will also do something!!
justamerican
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October 08, 2010
Sounds like his allegiance must be other that the USA. Hey maybe he needs to practice what he calls law in some other country, and carry lots of the people like him with him.
LogicalLeo
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October 08, 2010
Now that is good preaching, sandlot!
sandlot1959
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October 07, 2010
oh you're wrong old chum...I do understand Mississippi's problems and I guarantee you that the people in our representative's offices, local, state and federal, know me by name because I pester them quite often. I, unlike you, choose to look at the glass half full rather than empty--it ISNT. Sometime when you're not busy playing solitaire or shooting flies with your 38, look up Paul Harvey's diatribe about Mississippi and all of the good things about it. I've lived in some more highly populated areas, and on balance, I'll take OUR fallacies over those of more metropolitan areas ANYTIME...That doesn't mean I accept our shortcomings--its just means I have decided to look at the positives we possess while fighting to add to them. As far as politicians being elected by hicks and rednecks, I guess Obama, Biden and all of the other idiots in control of Washington right now cut their political teeth in Mississippi...nah...I'm sorry, but I don't apologize about loving the south. I wouldn't trade it for all the perks in New York City...
americasgone
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October 07, 2010
Love it or leave it Internut! :^)
americasgone
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October 07, 2010
As I told you before 1959 I have done my part to raise ole Miss from the sludge it is in. Took care of my family quite well thank you.

Now you tell me just what exactly should I do about Mississippian's health, lack of education and ample supply of ignorant rednecks? What should poor little americasgone do? You talk a lot of crap but you have no viable answers yourself on how to pull an entire state out of the slums.

Mississippi is at the bottom because it is content being there. It likes it and that is why people don't lose weight, finish school etc. They are content with the cards they have.

People like you who don't accept the truth about MS are as much of the problem as anything. You can't fix it because you don't accept the problem. Get you head out of the sand.
Internut
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October 07, 2010
The flag and the pledge of allegiance are symbols, and I prefer to leave symbols to the symbol-minded.

Mississippi is portrayed negatively so often in the media because - for the most part - we deserve it. While there are undeniably intelligent people of conscience here, a disproportionate number of Mississippians ARE ignorant, bigoted, superstitious, misogynist, collard-green-eating hicks. If you have a large population of ignorant people, you're inevitably going to get ignorant elected officials. And if you're offended by that observation, there's a pretty good chance I might be talking about you. Instead of people complaining about the way Mississippi is portrayed in the media, how about complaining about the stupidity like this that goes on every day unnoticed by CNN and FOX?
mellbell
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October 07, 2010
And to For- Real? I don't mean to sound rude about all this. I just want people to know that Judge Littlejohn has issues about the way he conducts himself in the courtroom. But really everyone is entitled to their opinion. But i have been through alot with my case and went out of my way to do what was legally right.And was done wrong and Judge Littlejohn knows it as well as everyone that was in the courtroom that day.
mellbell
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October 07, 2010
For- Real? Well no he didn't go out of his way to do anything for me. If you could hear all the phone conversations i have with my Att. and with the people at the BNA Bank. You would know there is something crooked going on. And Judge Littlejohn was behind it all. And as far as me having a hard time its not my fault that banks don't want to open up trust accounts. Just because of the judges name that was on mine which was JUDGE LITTLEJOHN. And for him to ask anyone to do him a favor dealing with my case is unethical.Expecally when this person dosn't deal with this accounts. So you don't know all the facts and untill you have been through what i have. Then you have no right to judge me. PEACE!!!!
i'mbroke
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October 07, 2010
Where's the good old standby, Oliver the monkey, when we need him?
For-real?
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October 07, 2010
mellbell--Sounds like the Judge went out of his way trying to do you a favor because you were having a hard time, and in return you questioned his integrity. Yeah, that's the kind of thing that tends to irritate most people.

Sounds like your daughter had an accident. I hope she's ok.

Peace,
sandlot1959
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October 07, 2010
thanks Leo...no I like the program but I just didnt know that they were set up to do what you said...interesting..

as far as you americasgone...after 51 years of life experience, over half of that managing hourly employees as well as professionals, I have learned THAT lesson very well. The kind of people that are constantly spewing like you do, rarely lift a finger to "fix" anything..they enjoy life's eccentricities, not because they provide opportunities for improvement, but because they provide opportunities to drag someone else down into the gutter with them. YES, my comments are generally anecdotal, but hey, evidently the world took one hellacious anecdotal crap on your head for you to have the attitude you do...of course that observation too, is anecdotal on my part as well...
americasgone
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October 07, 2010
Of course those places have more stupid moments 1959. NY and Chicago have more people than the entire state of Mississippi!

Face the facts, MS more often than not makes the news because of it's rednecks.

Your 'MS, love it or leave' attitude is boring. Have an original thought will you?

My experience is that those that complain the MOST, AND THE LOUDEST, generally are doing THE LEAST, to improve things..."

Oh really? And you did a study on this I suppose. lol! Just more babble from you....
LogicalLeo
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October 07, 2010
sandlot, reCAPTCHA will let you pass as long as you type at least one of the words correctly. reCAPTCHA is actually a good thing - read about it when you have time. Just using it helps to digitize books.

http://www.google.com/recaptcha

sandlot1959
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October 07, 2010
As an aside to the Daily Journal, your capcha program isn't worth a crap...LOL...it lets things go through even when you mistype...
sandlot1959
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October 07, 2010
Hey Okielawyer..just wondering...why is it that when reciting the pledge was beneficial for you, you did it...but now, you won't...

and all you yayhoos who want to criticize "Mississippi" for showing up on Fox's news crawler, you might watch it more often and see just how often Mississippi's stupidity is displayed everyday compared to other states. I think you'll find that Chicago, New York, Detroit etc etc have MUCH more idiocy going on than you will ever hear about in Mississippi. For those of you that don't like this great state, with all its warts, shut up and fix something instead of constantly complaining. My experience is that those that complain the MOST, AND THE LOUDEST, generally are doing THE LEAST, to improve things...
fwiw
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October 07, 2010
This story is all over the news services and some have what seems to be the court stenographer's record of what the judge and attorney said. Is all that just yellow journalism fabrication or does the rest of the world again know more of what happens in Tupelo than we who live here?