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Justices won't review Fla. Pledge of Allegiance law

By The Associated Press
10.05.09

WASHINGTON — The Supreme Court has rejected an appeal to review a Florida law that requires public school students to recite the Pledge of Allegiance each day unless they have their parents' written permission excusing them.

The justices declined today an appeal filed by the American Civil Liberties Union of Florida on behalf of a high school student removed from his math class because he remained seated during the Pledge.

A federal appeals court upheld most of the law. The ACLU said that ruling, if left undisturbed, would undermine the Supreme Court's 1943 ruling West Virginia Board of Education v. Barnette that schoolchildren could not be forced to salute the flag and say the Pledge.

Florida argued that the law, by giving parents the right to have their children excused, does not violate the First Amendment.

The case is Frazier v. Smith.


Previous
11th Circuit won't rehear Fla. Pledge of Allegiance case
State law continues to require that students must recite Pledge, but don't have to stand. 01.27.09

Related

Fla. district to keep rule requiring students to stand during Pledge

Marion County superintendent's announcement comes during meeting attended by dozens of veterans who opposed changing student code of conduct. 04.15.09

Federal judge keeps 'under God' in school districts' Pledge

Parents, Freedom From Religion Foundation had challenged daily recitation including the phrase in districts in New Hampshire, Vermont. 10.05.09

Pledge of Allegiance statutes, state by state
List of state statutes governing recitation of the Pledge of Allegiance in schools. 06.19.06

Standing up for your rights by sitting down
By Gene Policinski Arkansas fifth-grader's stance on Pledge proves why we should be grateful to have First Amendment. 11.25.09

2009-10 Supreme Court case tracker

Pledge of Allegiance in public schools

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