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.
Posted on 06/02/2006 4:16:41 AM PDT by FerdieMurphy
A federal judge has declared a state law requiring students to stand and recite the Pledge of Allegiance unconstitutional.
U.S. District Judge Kenneth Ryskamp also declared students do not need a parent's permission to be excused from reciting the pledge, citing previous federal cases.
''It is a long-standing rule of constitutional law that a student may remain quietly seated during the pledge on grounds of personal or political belief,'' Ryskamp stated in his ruling based on a lawsuit filed by a Boynton Beach High School student who had refused to stand for the pledge.
Cameron Frazier, then a 17-year-old junior, was told by teacher Cynthia Alexandre that he was ''so ungrateful and so un-American'' after he twice refused to stand for the pledge in her classroom on Nov. 8, the lawsuit said.
Frazier's lawsuit did not challenge the recital of the pledge in Florida classrooms, only students' right not to participate.
Requiring Frazier to stand during the Pledge of Allegiance is ''in violation of his First and Fourth Amendment rights,'' the lawsuit said.
In February, the School Board voted to settle and agreed to pay Frazier $32,500.
`ABOUT FREEDOM'
But the American Civil Liberties Union sued the state Board of Education and state Education Commissioner John Winn, challenging a state law that says the pledge needs to be recited at the beginning of the day at all elementary, middle and high schools.
''This is a decision about freedom and freedom in America means your right to not recite the Pledge of Allegiance or your right to recite the Pledge of Allegiance,'' said Howard Simon, executive director of the Florida ACLU. ``The impact that we hope this decision will have is that school officials begin to respect the conscience and dignity of young people.''
The Pledge of Allegiance is recited every morning at all Miami-Dade County elementary and secondary schools.
However, students have a choice. They can stand or sit in silence if they choose not to recite it for religious or personal convictions, said Joseph Garcia, a spokesman for Miami Dade Public Schools.
''We prefer notes from parents,'' he said. ``But we will not discipline a child for not reciting it as long as they are not being disruptive.''
Broward County also offers its students the option of participating -- or not.
''The policy in Broward is we request students to say the pledge,'' said district spokesman Keith Bromery. ``If a student does not want to do it, all they are required to do is sit or stand quietly and not disrupt other students.''
Learning how to recite the Pledge of Allegiance is part of the Miami-Dade curriculum, Garcia said.
He added there have not been any problems with the School Board ruling in recent years.
''Our ruling conforms with federal and state statutes,'' Garcia said. ``[The Pledge of Allegiance] is going to be said in our school. Whether a student says it or not is a matter of the student's personal or religious conviction.''
`DISAPPOINTED'
Simon said that was in line with what the Supreme Court ruled in 1943.
''The Supreme Court ruled that a person can't be compelled to professing allegiance,'' he said. ``Their rule respects the right of the student.''
State Department of Education spokeswoman Cathy Schroeder said the department was ''disappointed'' with Ryskamp's decision and may appeal.
''Our attorneys are reviewing the ruling to see if any further action can be taken,'' Schroeder said.
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.
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?
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.
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?
At the risk of being presumptious, I believe that ZULU was employing a rhetorical tactic known as "sarcasm".
Obviously, you have nothing but contempt for the First Amendment to the United States Constitution.
If so, then I retract my previous comment -- but it certainly sounded indistinguishable from stuff that some Freepers say with complete seriousness.
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.
Goodnight Judge Crater!
I wonder if the little brats should be forced to recite the pledge at the point of a gun?
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.
In post 53, "Antem"="Anthem"....public-schooled...
Appointed by Bush Sr.
...and an alumnus of my college.
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".
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!!
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