Pledge of Allegiance Case: Supreme Court Refuses to Hear

This is a discussion on Pledge of Allegiance Case: Supreme Court Refuses to Hear within the Courts, Decisions, Appeals forum, part of the Civil Litigation category; FOX News' Lee Ross contributed to this article. The Supreme Court announced Monday that it will not hear arguments in ...

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Old Oct 7th, 2009, 01:35 AM   #1
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Default Pledge of Allegiance Case: Supreme Court Refuses to Hear

FOX News' Lee Ross contributed to this article.

The Supreme Court announced Monday that it will not hear arguments in a case involving a Florida teenager who says he was humiliated by his teacher and sent to the principal's office for refusing to stand and recite the Pledge of Allegiance.

Cameron Frazier says he was singled out by his math teacher when he refused to participate in the Pledge. Most -- if not all -- states have laws requiring public schools to administer the 31 word oath daily.

Florida's law allows for students to remain silent for the Pledge, but only with prior parental consent. Even with that permission, students are required to stand with their classmates.

Frazier, who was in grade 11 at the time of the incident, argued that the law denies his constitutional right to free expression by "overrid[ing] his conscience and compel[ing] his participation" in the Pledge.

Florida's Department of Education defends the law and the ruling of a lower appellate court that concluded the law properly allows for parental consent in the affairs of their children. The state contends the law appropriately balances the interests of parents, children and school administrators who need to maintain an orderly learning environment.

The justices, as is custom, announced no reason for denying the case.



Cameron Frazier

Why, though, should the school be the enforcer? When can students decide for themselves? Those issues remain unclear. Admittedly, there is no outbreak of students not standing for the pledge. At least, though, the court should have stood up and ruled on the issue.

What do you think?


Pledge of Allegiance

From Wikipedia, the free encyclopedia

The Pledge of Allegiance to the United States is an oath of loyalty to the republic of the United States of America, originally composed by Francis Bellamy in 1892. The Pledge has been modified four times since then, with the most recent change adding the words "under God" in 1954. The Pledge is predominantly sworn by children in public schools in response to state laws requiring the Pledge to be offered. Congressional sessions open with the swearing of the Pledge, as do government meetings at local levels, meetings held by the Boy Scouts of America, and some sporting events.

The current version of the Pledge of Allegiance reads:

"I pledge allegiance to the flag of the United States of America, and to the Republic for which it stands, one Nation under God, indivisible, with liberty and justice for all."
According to the United States Flag Code, the Pledge "should be rendered by standing at attention facing the flag with the right hand over the heart. When not in uniform men should remove any non-religious headdress with their right hand and hold it at the left shoulder, the hand being over the heart. Persons in uniform should remain silent, face the flag, and render the military salute."
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