Not that long ago in my public school the most I could get away without detention was standing facing the flag and not speaking -and that was only because my homeroom teacher was fairly lax and I was the only objector.
Punishments for not participating were real and I can't say the school wouldn't have come up with a more formalized patriotism monitoring if more students rejected it as a movement. 🤷‍♂️
This is like the bullshit mifepristone case-they didn't up hold reproductive rights on their merits. It's kicking the can. Overturning Roe got people to the polls in anger, they don't want a repeat of that this November.
They are counting on people not reading more than a headline and tuning out until after it is too late.