The Falmouth School Department and Superintendent Steve Nolan are facing a lawsuit for allegedly not providing students the opportunity to recite the Pledge of Allegiance.
A high school student and his father filed suit on March 3, 2026, alleging that the school violated a 2011 state statute requiring that students be offered the chance to recite the Pledge at some point during the school day.
As reported by the Portland Press Herald, plaintiff Christopher Hickey, on behalf of his son Clayton Hickey, claimed that during his two years in attendance at the school, recitation of the Pledge has not been a structured part of the schedule, such as being led over the intercom or by a teacher.
In 2012, the Falmouth School Department adopted an official policy in line with this provision, mandating that students be given the opportunity to say the Pledge during school hours.
Neither state law nor the district’s policy specifies what providing an opportunity to recite the Pledge entails. Under both, it must be made clear that recitation of the Pledge is optional.
Hickey’s lawsuit claims that the high school’s practices are in violation of both these authorities.
“The lawsuit highlights a straightforward violation of Maine law and the Falmouth School Department’s own policy,” wrote attorney Jack Baldacci, representing Christopher Hickey, in an email to the Press Herald.
“My client, Christopher Hickey, is seeking to ensure compliance so that his son Clayton, and all Falmouth students, can benefit from this important civic tradition,” Baldacci continued. “We’re optimistic the court will act promptly to reinstate it.”
The Portland paper noted that Superintendent Nolan did not respond to a request for comment.
As a result of this lawsuit, the plaintiffs hope to see the Cumberland County Superior Court declare Falmouth Schools to be in violation of state law and district policy, as well as to require them to institute a dedicated daily opportunity for students to recite the Pledge.
The Hickeys have also requested that the court order the school department to issue a letter of apology to Falmouth residents for its alleged lack of compliance “as part of a remediation process,” as well as award costs and other relief.
