[TheSane]

I would think banning the pledge from being said at all would be unconstitutional, much as it should be allowed for individuals to pray in school.

Banning the school from leading the pledge however should not stop the students from reciting it on their own accrod.

I would think.

[jwalsh07]

The words "under God" were added to the pledge for two reasons. First, it affirms the founders views as expressed in the Declaration of Independence and second because it distinguished a the US Pledge of Allegiance from pledges common to communist countries in the 50's.

Moreover, the Supreme Court has held in Barnette that saying the Pledge cannot be coerced. Since it can't be coerced and since Barnette the Supreme Law of the Land as spoken by the SCOTUS, for better or worse, is that the POA is constitutional.

The Ninth Circuit Court of Appeals has no such standing and Barnette is the precedent this particular Judge should have deferred to.

However, since the Fourth and Ninth Circuits are now in conflict and this will take the fast track to the SCOTUS yet once again, and this time by folks with standing, I welcome the lunacy.