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Judge rules pledge law violates Constitution
Miami Herald ^ | 6/2/2006 | Rani Cupta

Posted on 06/02/2006 4:16:41 AM PDT by FerdieMurphy

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To: FerdieMurphy

Children are not citizens, that is self-evident. They can be be compelled to say the Pledge. We compel them to go to school in the first place, and once there compel them to say and do any number of things, why shouldn't they be allowed to opt out of going to school or participating in any given class, history for example, "on grounds of personal or political belief?" It might be a good idea to allow students to sit out the pledge as a lesson in freedom of opinion but Constitutional Right? No way.


41 posted on 06/02/2006 10:31:17 AM PDT by jordan8
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To: From many - one.

well then would you prefer...

I pledge allegience to the Republic and to the flag which stands for it?

The flag is listed first because it is the symbol of the US. Do you not agree that the Flag stands for this Nation, the rights it gives and the people who have died for it?


42 posted on 06/02/2006 11:21:08 AM PDT by HHKrepublican_2
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To: coconutt2000
I could not agree with you more.

Still the bright side is, that we are turning out enough patriots, who are both knowledgeable about and respectful of this great country's past, that we have survived ... so far.



43 posted on 06/02/2006 11:34:05 AM PDT by G.Mason (Others have died for my freedom; now this is my mark ... Marine Corporal Jeffrey Starr, KIA 04-30-05)
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To: FerdieMurphy
Standing for the pledge indicates respect and how can the invaders respect a nation that is obviously such a patsy?

I tend to think very little of those who will not stand for the pledge (with exceptions for those whose religious beliefs forbid such actions under any circumstances, such as Jehova's Witnesses).

I also tend to think very little of governments that attempt to make standing for the pledge compulsory.
44 posted on 06/02/2006 12:30:56 PM PDT by Dimensio (http://angryflower.com/bobsqu.gif <-- required reading before you use your next apostrophe!)
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To: traditional1

I take it, then, that you do not agree with the ruling and believe that it is acceptable to make the activity ruled against compulsory? What is the reasoning for that?


45 posted on 06/02/2006 12:33:08 PM PDT by Dimensio (http://angryflower.com/bobsqu.gif <-- required reading before you use your next apostrophe!)
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To: steve-b; ZULU

At the risk of being presumptious, I believe that ZULU was employing a rhetorical tactic known as "sarcasm".


46 posted on 06/02/2006 12:37:03 PM PDT by Dimensio (http://angryflower.com/bobsqu.gif <-- required reading before you use your next apostrophe!)
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To: jordan8
They can be be compelled to say the Pledge.

Indeed. There is no greater means for fostering respect for a country than to mandate loyalty oaths under penalty of law for failure to comply.
47 posted on 06/02/2006 12:40:32 PM PDT by Dimensio (http://angryflower.com/bobsqu.gif <-- required reading before you use your next apostrophe!)
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To: ZULU
the little brat should be forced to do so.

Obviously, you have nothing but contempt for the First Amendment to the United States Constitution.

48 posted on 06/02/2006 12:41:37 PM PDT by Sloth (We cannot defeat foreign enemies of the Constitution if we yield to the domestic ones.)
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To: Dimensio; ZULU
At the risk of being presumptious, I believe that ZULU was employing a rhetorical tactic known as "sarcasm".

If so, then I retract my previous comment -- but it certainly sounded indistinguishable from stuff that some Freepers say with complete seriousness.

49 posted on 06/02/2006 12:47:00 PM PDT by Sloth (We cannot defeat foreign enemies of the Constitution if we yield to the domestic ones.)
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To: FerdieMurphy

Do we have three branches or two?

Seriously, if the legislative law is so irrelevant then why bother? We could have a fortune in pensions and we could rent out the capitol bildings for bar mitzvahs and weddings.


50 posted on 06/02/2006 12:49:16 PM PDT by longtermmemmory (VOTE! http://www.senate.gov and http://www.house.gov)
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To: ZULU


Goodnight Judge Crater!


51 posted on 06/02/2006 1:00:34 PM PDT by devolve (fx AMERICANS_KILLED_IN_2003_BY_ILLEGALS FBI-DOJ_REPORT_4380+4745=9125 NO__NUEVO__TEJAS!)
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To: Sloth

I wonder if the little brats should be forced to recite the pledge at the point of a gun?


52 posted on 06/02/2006 1:12:28 PM PDT by H. Paul Pressler IV
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To: Dimensio
What is the reasoning for that?

Do you propose sitting through the playing of the National Antem, too?

The inability to teach discipline and tradional values, including that of the Pledge of Allegiance to the flag and national pride, undermines the intent of an educational system funded by the taxpayers, who OVERWHELMINGLY support the flag.

Indoctination into lifestyle choices, in-accurate, biased, NEA/Liberal agenda-driven portrayals of history, etc., etc. are NOT what a NATION needs at all.

It is no more obvious than the ability of MINOR aged children having the "right" to sue their parents than it is to be FORCED to undergo diversity training, sexual identity review, or vicitmhood-skill-sets.

The cutesy politically-correct description of "forced pledge" or "mandatory allegiance" coupled with the use of "fascist" or "nazi" is the emotional outcry of the Left trying to further their agenda and preying upon the weak-minded supporters who hate America, hate America's past, and hate allowing anyone other than themselves to be the ones who decide what is "good" and what is "best for the masses" in their utopia (Socialism), which has failed miserably in every place in this World that it has been put in place.

Values are taught in the home by parents (yes, plural, meaning biological mother and biological father in a nuclear family, wherever possible).

It's been many years from my attendance at public school, but I do not remember "force" ever being used to rise and pledge allegiance to the Flag. (ONLY since the Liberals took over the educational system has the word "force" or "compelled" been used to describe the Pledge of Allegiance recital) In the not-too-distant past, peer pressure alone led to discussion of what the pledge was all about, and an "offended" un-willing participant was soon given understanding of what it took to raise the flag to its position of respect, through years of Pride and sacrifice.

The bottom line-yes, you should be standing and pledging allegiance to the flag in schools, or you are free to go where it isn't compulsory (if you can find a country that allows more freedom than here), and disrespect of their national symbols.

53 posted on 06/02/2006 1:43:10 PM PDT by traditional1
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To: traditional1

In post 53, "Antem"="Anthem"....public-schooled...


54 posted on 06/02/2006 1:47:39 PM PDT by traditional1
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To: traditional1
Do you propose sitting through the playing of the National Antem, too?

Such an action is disrespectful, but I do not see justification for outlawing such an act. It is only necessary for a government to mandate respect through force of law when the government does not deserve respect.
55 posted on 06/02/2006 2:01:50 PM PDT by Dimensio (http://angryflower.com/bobsqu.gif <-- required reading before you use your next apostrophe!)
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To: EQAndyBuzz
"U.S. District Judge Kenneth Ryskamp "

Appointed by Bush Sr.

...and an alumnus of my college.

56 posted on 06/02/2006 3:30:45 PM PDT by Young Scholar
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To: Dimensio
It is only necessary for a government to mandate respect through force of law

So, using THAT theory, no laws are necessary at all, as a criminal act, such as assault, means that the victim deserved it?

Pretty weak on the argument weight, isn't it?

No one is arguing on behalf of "the government" here; we're talking about respect of the NATION and it's SYMBOL. The option is to attend PRIVATE SCHOOL, not to desecrate tradition and honor and respect for the NATION and its heritage....to enter a public place and DEMAND special treatment is the crux of the situation, not the "right" to object on moral or religious grounds. To object simply to be contrary is a Leftist ploy or the effort of an attention-seeker....in the case cited, I would suspect that the objection is merely self-serving to gain attention, and NOT a statement of not wanting to be an American. If it were the latter, don't let the door hit you in the a@# as you leave, because you have the FREEDOM to leave anytime you want in this country.

THAT is a "right".

57 posted on 06/02/2006 3:53:16 PM PDT by traditional1
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To: FerdieMurphy

The student is FREE to disrespect our flag and his nation by NOT reciting the Pledge of Allegiance BECAUSE our MILITARY men and women have NO QUALMS about defending the RIGHTS of this young sorry pathetic @sswipe!!


58 posted on 06/02/2006 4:00:13 PM PDT by PISANO (We will not tire......We will not falter.......We will NOT FAIL!!! .........GW Bush [Oct 2001])
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To: traditional1
So, using THAT theory, no laws are necessary at all, as a criminal act, such as assault, means that the victim deserved it?

Laws against assault are not meant to foster respect for a country. Your analogy is faulty.
59 posted on 06/02/2006 4:14:39 PM PDT by Dimensio (http://angryflower.com/bobsqu.gif <-- required reading before you use your next apostrophe!)
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To: Dimensio
The issue is not whether they should be, but can they be, and the answer is yes. Whether they should be is a matter for city, county, and state legislatures, not unelected judges.
60 posted on 06/02/2006 9:28:26 PM PDT by jordan8
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