Judge rules pledge law violates Constitution

Miami Herald ^ | 6/2/2006 | Rani Cupta

[MamaTexan]

It's consistent with legal precedent, and the right to say what you want certainly includes the right to not say what you don't want to.

Prepare to be inundated with people who refuse to understand that:

along with the freedom to speak comes the freedom NOT to speak.

and

a 'pledge' of 'allegiance', or fealty, is an oath of subservience... exactly what the Founders refused to give to the King of England.

-----

Why everyone thinks it's okey-dokey to make such an oath or affirmation to an artificial creation called 'government, I will never understand.

[sayfer bullets]

It's better to have all of the communists seated during the pledge so they are more easily identified by the patriots.

There's one worth repeating.

That being said, school prayer advocates may have a gripe.

[Crispus Attucks Patriot]

Another traitorous anti-American judge whu should be brought to the bar of justice himself.....for TREASON!!!!!!


Q: What do you say to a lawyer with an I.Q. of 50?

A: "Good morning, Your Honor."

[Crispus Attucks Patriot]

Bush Sr is a liar, a faux-conservative, and a globalist One-Worlder.

He was a terrible president, and Reagan's only major mistake.

[Vineyard]

I would bet ANYTHING that the judge would fine any visitor to the court room who failed to stand when Hizzoner entered.

If I were to be in the court room, and refused to respect the judge because I thought he was a POS ... and I tried to exercise my "freedom of speech" to not stand and be respectful .... how big a "Contempt of Court" fine would be imposed on me?

Someone who is trying to defend the school's position ought to try the stunt ... then ask that the judge be recused from ruling on the case, since he would have shown himself to be a big-time hypocrite.

The ruling should stand only if judges agree that there should be no displays of respect in the court room, such as mandating people stand.

Mike

[From many - one.]

Just to be clear:

It's the constitution, not the flag, that protects the stdent's rights.

[Bob J]

Agreed. I'm as conservative as they come but forcing kids to recite a pledge seems so, well, fascist to me. If you love your country (or don't) that will be in your heart and no amount of regurgitating phrases in public will change that. It only appeals to the "goose steppers" (left or right) who insist on strict conformity.

You can't just have an "opt-out" option for kids either. If it is something being suggested by the schools and teachers, it will have the stamp of authority and there will be compulsion factor.

What they should do is reinstate civics classes where the kids learn about their country so they can develop "allegiance" on their own.

[Bob J]

There is a difference between showing respect and forcing recital of a pledge. Rather than recite the pledge every morning, how about a flag raising and have the kids stand in respect.

What exactly do you gain by forcing the kids to recite the pledge? Do you think they know what it means? Better to educate the kids on why having allegiance is a good and proper thing and then let them decide on their own.

Allegiance is in ones heart, not on the lips. reciting a pledge means nothing and forced patriotism is the last refuge of a scoundrel.

[highball]

I'm of the opinion that our job isn't to force the kids to recite the pledge, but to make them want to recite the pledge.

Well out.

Mindless recitation doesn't mean anything. Moreover, I happen to believe that it devalues the Pledge.

[HHKrepublican_2]

I pledge allegience to tehe flag of the united states of America and to the Republic for which it stands.

[Leatherneck_MT]

At the risk of being flamed into charcoal, I happen to agree with this Judge.

I do not owe my allegiance to anyone or anything other than God.

[steve-b]

How can any nation survive by permitting its citizens to refuse pledging allegiance to said nation???

Yep, forced pledges certainly guarantee the survival of the nation, like in Nazi Germany... er, like the Soviet Union... ah, help me out here....

[steve-b]

some religious cult ... like the Quakers or Jehovah's wintesses

Ah, bigotry and fascism all in the same package. How very efficient of you.

[From many - one.]

Note which comes first.

[From many - one.]

Despite my opposition to forcing (see post 26) I stood and recited the pledge proudly and daily when I was in school.

Of course, this was during WWII. Somehow I think it had a different meaning to us then.

[NormsRevenge]

Reagan appointee,, 1986

http://air.fjc.gov/servlet/tGetInfo?jid=2084

Ryskamp, Kenneth L.
Born 1932 in Grand Rapids, MI

Federal Judicial Service:
U. S. District Court, Southern District of Florida
Nominated by Ronald Reagan on March 12, 1986, to a seat vacated by Joe Eaton; Confirmed by the Senate on April 23, 1986, and received commission on April 24, 1986. Assumed senior status on January 1, 2000.

[derllak]

Can't argue with that! You're right, as usual, LMT. You're pretty darn smart for a guy! :)

[EQAndyBuzz]

I stand corrected. I thought he was a Bush appointee.

[sageb1]

Great homepage. Try suspenders. :)

[NormsRevenge]

No problem, I am sure both Presidents would be disappointed in this latest pronouncement from the bench.


Here is a site to get info on all Judges.

http://air.fjc.gov/history/home.nsf/search_db_sybase!OpenForm&BaseTarget=right