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Saturday, July 23, 2011

Eleventh Circuit ruled Florida Pledge of Allegiance law constitutional
Dwyer Arce at 12:00 AM ET

On July 23, 2008, the US Court of Appeals for the Eleventh Circuit upheld part of a Florida law that required students in grades kindergarten through 12 to obtain parental permission before they can be excused from reciting the Pledge of Allegiance. The court held that another provision requiring all students to stand, even if excused from reciting the Pledge, violated the First Amendment of the US Constitution, and was therefore not enforceable. Stressing that the case involved the protection of parental rights rather than those of children, the court stated: "[T]he refusal of students to participate in the Pledge—unless their parents consent—hinders their parents' fundamental right to control their children's upbringing. The rights of students and the rights of parents—two different sets of persons whose opinions can often clash—are the subject of a legislative balance in the statute before us. The State, in restricting the student's freedom of speech, advances the protection of the constitutional rights of parents: an interest which the State may lawfully protect."



Learn more about the First Amendment from the JURIST news archive.




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