[Southack]

No, the 9th Circuit was wrong, and here's why:
http://www.esrmetro.org/pledge.html
"I familiarized students with the controlling Supreme Court case, West Virginia State Board of Education et al. v. Barnette et al., 319 U.S. 624 (1943). This landmark decision rejected the compulsory Pledge of Allegiance. Subsequent court decisions further clarified that students are entitled to remain seated quietly in the classroom during the pledge, and cannot be expelled from the classroom, or subjected to any other discipline, harassment or retaliation for refusing to salute the flag."

That decision means that the Pledge is voluntary.

The 1st Amendment says that government can not ban voluntary speech.

Yet the 9th Circuit tried to BAN teachers from being able to choose to say a voluntary Pledge.

That's unConstitutional, and that's why it will be voided either by the full 9th Circuit or by the Supreme Court.

Game. Set. Match.

[seamus]

Game. Set. Match.

Not so fast, my Bullish friend. It is not voluntary for the state-run schools to lead the class in the pledge -- at least it is not in Virginia, where schools are directed by the state government and the local school boards to lead the pledge, and I presume it's that way in California, too. That is why this case abuts the Establishment Clause. While individuals can opt-out, it is still the state making a statement that endorses monotheism.

[GovernmentShrinker]

So you'd have no problem with public school teachers leading classes in the Islamic Shahada ("There is no god but Allah and Muhammad is his prophet"), as long participation was voluntary?