[JURIST] A federal district judge sitting in Florida has ruled [PDF; ACLU press release] that a US District Court for the Southern District of Florida [official website] cited West Virginia v. Barnette [text], the 1943 US Supreme Court decision that struck down a law requiring students to salute and pledge to the flag, stating that federal case law recognizes a student's right not to stand and recite the Pledge. The Pledge of Allegiance has made national headlines in recent years, sparking debate over whether the words "under God" included in the Pledge constitute an endorsement of religion under the Establishment Clause [overview] of the First Amendment. Frazier's case, however, did not involve the constitutionality of the Pledge itself, but rather the right to refuse to recite it. The Palm Beach Post has more.
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