Posted on 08/20/2004 7:06:11 AM PDT by buzzyboop
A federal appeals court on Thursday threw out a state law that required schoolchildren to either recite the Pledge of Allegiance or sing the national anthem daily.
A three-judge panel of the 3rd U.S. Circuit Court of Appeals unanimously ruled that the law violated the free-speech rights of students and the right of private schools to "free expressive association."
The Pennsylvania law, which was passed and signed into law in 2002, allowed schools to opt out of the requirement for religious reasons but not for secular reasons. It also permitted students to decline on the basis of religious conviction or personal belief, but required the district to inform the student's parents.
(Excerpt) Read more at pittsburghlive.com ...
A similar policy is in effect where I teach and has been ruled constitutional over and over. Every morning we all stand, the Jehovah's Witnesses and the general jerk-offs don't say anything, and the rest of the class recites the pledge. Big deal...Are they required to stand? If so, the Supreme Court would probably slap it down, based on Barnette. Requiring a positive action be performed by all crosses the line.
-Eric
Here we go again..... what moron is challenging it this time?
I have a question? Does this mean that schools are prohibited from saying the pledge at the beginning of the day? If so, what about the rights of the people who want to say the pledge?
I think we all to get a judge to outlaw math and history and all classes as violations of free speech.
So does government requiring children to learn to read, write, do math and learn about history.
George W. Bush will be reelected by a margin of at least ten per cent
Good! Mandatory loyalty oaths are for Communists.
Yeah, the liberals are oh-so-concerned about the First Amendment when it's convenient for them. So how does kicking a kid out of school for saying a prayer not violate the First Amendment?
Heaven forbid that a (gasp!) parent should be involved in this. This is the same liberal "logic" that dictates that parental notification will infringe on a minor's "right" to get an abortion.
You're absurd. The schools are compelled to direc the pledge and anthem, but the students aren't compelled to participate. You have to make a pledge to become a citizen, to qualify for a government job, to join the military, etc.
"Why? When I first came to the US in the 4th grade in 1960 I remember the 'SHOCK' of the wording in the pledge to the flag and the reference to G_D and then the public prayers that were NOT of my Church."
Does your church not pray to God?
"To paraphrase the Words of Christ, "to Rome that which is Rome's - to GOD that which is GOD's" - in my upbringing that meant to not sully the name of G_D in secular venues."
Yes, and when in Rome, do as the Romans do, when in USA, do as the Americans do. Also, what sullies the name of God?
"Going a bit further on, when Jesus scolded the Pharisees on their PUBLIC DISPLAY of "godliness" admonishing them to pray in private."
Are you referring to this? "And when thou prayest, thou shalt not be as the hypocrites are: for they love to pray standing in the synagogues and in the corners of the streets, that they may be seen of men. Verily I say unto you, they have their reward. "? If you are, Jesus was referring to their ulterior motive... to be seen of men. He was not talking about where they prayed so much as why they prayed where they prayed.
"The later statement of "where two or more are gathered in "My Name" and I will be there" (all paraphrased - I am NOT a Bible scholar) does not mean in a government forum. That is sacrilegious."
Do you have any reference that indicates that prayer in a government forum is somehow bad? Where do you get sacriligious from? You do understand that this nation is built on a government of the people, by the people and for the people don't you? Are you saying that we the people have no right to pray if we are in government? If we are in a government environment?
"BTW - In school I refused to recite the the pledge because I give my pledge only to G_D and I do not pray in public either. I did stand and remain silent is RESPECT to the American Flag."
How can you say that you give your pledge only to God after saying "When I first came to the US in the 4th grade in 1960 I remember the 'SHOCK' of the wording in the pledge to the flag and the reference to G_D and then the public prayers that were NOT of my Church."?
"THAT is why this judge is correct declaring that the government cannot force a child to kneel in subjugation to a secular power."
There is no indication that any child is forced to kneel at all, much less in subjugation to a secular power. Have you not read the 1st amendment to the constitution? It says "Congress shall make no law respecting the establishment of religion, or prohibiting the free exercise thereof;"
Your main complaint in this reply seems to be that we the people should not have the free exercise thereof. That is unconstitutional.
Funny how you put a black robe on a simple lawyer, and they become "god.."
Methinks the founders tripped...[nobody should ever be able to make laws, or rule on them, when their profession benefits...and so do they when or if they get out of government]
Ban the legal "profession" from government..forever. [I only wish it was that simple]
We do have an oligarchy in this country. The judiciary, like the DA in a county, is the most powerful entity in the legal system..which makes them the most powerful people period.
Well said - and absolutely right.
Even Shakespeare recognized the danger from lawyers.
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