Travis Busby, a seventh-grader at Nimitz Middle School in Tulsa, refused to stand for the Pledge of Allegiance on June 8, 2005. He also opted not to participate in reciting the Pledge. As a result, the school’s assistant principal imposed a two-day suspension as punishment.

Busby’s mother contacted the ACLU of Oklahoma and reported the incident to Staff Attorney Tina Izadi. After reviewing the mother’s report, Izadi initiated dialogue with Tulsa Union Public Schools, and was referred to the district’s attorney. During negotiations with the school’s lawyer, she explained the ACLU’s position that Busby’s punishment was a violation of his First Amendment rights. The district agreed not to penalize Busby for the work he had missed while out of school.