bobbyw24
10-06-2009, 05:33 AM
High court lets stand Florida's pledge law
The U.S. Supreme Court refused to review a Florida law requiring students to recite the Pledge of Allegiance without a parent's note. But some Florida school districts don't enforce the law strictly.
The Supreme Court has rejected an appeal to review a Florida law that requires public school students to recite the Pledge of Allegiance each day unless they have their parents' written permission excusing them.
The justices declined Monday an appeal filed by the American Civil Liberties Union of Florida on behalf of a high school student removed from his math class because he remained seated during the pledge.
A federal appeals court upheld most of the law. The ACLU said that ruling, if left undisturbed, would undermine the Supreme Court's 1943 ruling that schoolchildren could not be forced to salute the flag and say the pledge.
•
The Supreme Court has rejected an appeal to review a Florida law that requires public school students to recite the Pledge of Allegiance each day unless they have their parents' written permission excusing them.
The justices declined Monday an appeal filed by the American Civil Liberties Union of Florida on behalf of a high school student removed from his math class because he remained seated during the pledge.
A federal appeals court upheld most of the law. The ACLU said that ruling, if left undisturbed, would undermine the Supreme Court's 1943 ruling that schoolchildren could not be forced to salute the flag and say the pledge.
•
The Supreme Court has rejected an appeal to review a Florida law that requires public school students to recite the Pledge of Allegiance each day unless they have their parents' written permission excusing them.
The justices declined Monday an appeal filed by the American Civil Liberties Union of Florida on behalf of a high school student removed from his math class because he remained seated during the pledge.
A federal appeals court upheld most of the law. The ACLU said that ruling, if left undisturbed, would undermine the Supreme Court's 1943 ruling that schoolchildren could not be forced to salute the flag and say the pledge.
The Supreme Court began its new term Monday by indicating a willingness to limit how long a suspect's request for a lawyer should remain valid, and new Justice Sonia Sotomayor wasted little time in letting her voice be heard by questioning the lawyers.
The high court seemed skeptical of defense lawyers' arguments that police should be banned from talking to a suspect without a lawyer present if the suspect had asked for a lawyer in related - and even unrelated - cases years earlier.
Michael Shatzer was imprisoned on a child sexual abuse conviction in 2003 when police questioned him about allegations that he also sexually abused his 3-year-old son. When Shatzer refused to talk to a police officer and asked for a lawyer, the questioning ended.
•
The Supreme Court began its new term Monday by indicating a willingness to limit how long a suspect's request for a lawyer should remain valid, and new Justice Sonia Sotomayor wasted little time in letting her voice be heard by questioning the lawyers.
The high court seemed skeptical of defense lawyers' arguments that police should be banned from talking to a suspect without a lawyer present if the suspect had asked for a lawyer in related - and even unrelated - cases years earlier.
Michael Shatzer was imprisoned on a child sexual abuse conviction in 2003 when police questioned him about allegations that he also sexually abused his 3-year-old son. When Shatzer refused to talk to a police officer and asked for a lawyer, the questioning ended.
BY HANNAH SAMPSON
hsampson@MiamiHerald.com
The U.S. Supreme Court declined Monday to review a Florida law that requires students to recite the Pledge of Allegiance unless they have a parent's note letting them opt out.
A federal judge had ruled the law unconstitutional in a case that originated in South Florida, but an appeals court reversed that ruling.
An attorney with the American Civil Liberties Union of Florida, which asked the court to review the law, said school districts would likely face lawsuits if they tried to enforce the statute. Not all districts follow it.
`SURPRISED'
``I would be frankly quite surprised if school districts really wanted to take on that kind of a battle,'' said Randall Marshall, legal director for the ACLU of Florida.
The case has roots in Palm Beach County, where then-high school junior Cameron Frazier refused to stand during the pledge in 2005. He said he was berated by his teacher and kicked out of class.
Frazier filed suit against the school district, the teacher and other employees, the Florida Department of Education and the state Board of Education. He settled with the district, but continued his case against the state.
A 1942 state law says the pledge must be observed every day in elementary, middle and high schools. It says students can be excused from reciting the pledge with written permission from a parent.
In Palm Beach and Miami-Dade counties, school district policy says students will not be punished if they refuse to recite the pledge -- even without a note from a parent. Students who don't want to participate must not cause a disturbance, however. The Broward school district follows state statute, which does require a parent's note.
1943 RULING
The Supreme Court, which started its new term Monday, ruled in 1943 that children in school should not be forced to recite the pledge.
``It really strikes at the fundamental core of what it means to have freedom of belief in this country,'' Marshall said.
Some South Florida students said Monday that the pledge is important to them and part of their daily ritual.
``It's almost like a reflex to stand up when you do the pledge,'' said Ian Mann, a senior at West Broward High School in Pembroke Pines.
He said he thinks students should participate. ``Most people do,'' said Ian, 17. ``Unless kids are in their own world doing homework or sleeping, they stand up.''
Jennifer Gonzalez, a junior at John A. Ferguson High in Kendall, said most kids take part in her school as well.
Said Jennifer, 16: ``I think we should still say it because we are respecting our country.''
http://www.mcclatchydc.com/homepage/story/76596.html
The U.S. Supreme Court refused to review a Florida law requiring students to recite the Pledge of Allegiance without a parent's note. But some Florida school districts don't enforce the law strictly.
The Supreme Court has rejected an appeal to review a Florida law that requires public school students to recite the Pledge of Allegiance each day unless they have their parents' written permission excusing them.
The justices declined Monday an appeal filed by the American Civil Liberties Union of Florida on behalf of a high school student removed from his math class because he remained seated during the pledge.
A federal appeals court upheld most of the law. The ACLU said that ruling, if left undisturbed, would undermine the Supreme Court's 1943 ruling that schoolchildren could not be forced to salute the flag and say the pledge.
•
The Supreme Court has rejected an appeal to review a Florida law that requires public school students to recite the Pledge of Allegiance each day unless they have their parents' written permission excusing them.
The justices declined Monday an appeal filed by the American Civil Liberties Union of Florida on behalf of a high school student removed from his math class because he remained seated during the pledge.
A federal appeals court upheld most of the law. The ACLU said that ruling, if left undisturbed, would undermine the Supreme Court's 1943 ruling that schoolchildren could not be forced to salute the flag and say the pledge.
•
The Supreme Court has rejected an appeal to review a Florida law that requires public school students to recite the Pledge of Allegiance each day unless they have their parents' written permission excusing them.
The justices declined Monday an appeal filed by the American Civil Liberties Union of Florida on behalf of a high school student removed from his math class because he remained seated during the pledge.
A federal appeals court upheld most of the law. The ACLU said that ruling, if left undisturbed, would undermine the Supreme Court's 1943 ruling that schoolchildren could not be forced to salute the flag and say the pledge.
The Supreme Court began its new term Monday by indicating a willingness to limit how long a suspect's request for a lawyer should remain valid, and new Justice Sonia Sotomayor wasted little time in letting her voice be heard by questioning the lawyers.
The high court seemed skeptical of defense lawyers' arguments that police should be banned from talking to a suspect without a lawyer present if the suspect had asked for a lawyer in related - and even unrelated - cases years earlier.
Michael Shatzer was imprisoned on a child sexual abuse conviction in 2003 when police questioned him about allegations that he also sexually abused his 3-year-old son. When Shatzer refused to talk to a police officer and asked for a lawyer, the questioning ended.
•
The Supreme Court began its new term Monday by indicating a willingness to limit how long a suspect's request for a lawyer should remain valid, and new Justice Sonia Sotomayor wasted little time in letting her voice be heard by questioning the lawyers.
The high court seemed skeptical of defense lawyers' arguments that police should be banned from talking to a suspect without a lawyer present if the suspect had asked for a lawyer in related - and even unrelated - cases years earlier.
Michael Shatzer was imprisoned on a child sexual abuse conviction in 2003 when police questioned him about allegations that he also sexually abused his 3-year-old son. When Shatzer refused to talk to a police officer and asked for a lawyer, the questioning ended.
BY HANNAH SAMPSON
hsampson@MiamiHerald.com
The U.S. Supreme Court declined Monday to review a Florida law that requires students to recite the Pledge of Allegiance unless they have a parent's note letting them opt out.
A federal judge had ruled the law unconstitutional in a case that originated in South Florida, but an appeals court reversed that ruling.
An attorney with the American Civil Liberties Union of Florida, which asked the court to review the law, said school districts would likely face lawsuits if they tried to enforce the statute. Not all districts follow it.
`SURPRISED'
``I would be frankly quite surprised if school districts really wanted to take on that kind of a battle,'' said Randall Marshall, legal director for the ACLU of Florida.
The case has roots in Palm Beach County, where then-high school junior Cameron Frazier refused to stand during the pledge in 2005. He said he was berated by his teacher and kicked out of class.
Frazier filed suit against the school district, the teacher and other employees, the Florida Department of Education and the state Board of Education. He settled with the district, but continued his case against the state.
A 1942 state law says the pledge must be observed every day in elementary, middle and high schools. It says students can be excused from reciting the pledge with written permission from a parent.
In Palm Beach and Miami-Dade counties, school district policy says students will not be punished if they refuse to recite the pledge -- even without a note from a parent. Students who don't want to participate must not cause a disturbance, however. The Broward school district follows state statute, which does require a parent's note.
1943 RULING
The Supreme Court, which started its new term Monday, ruled in 1943 that children in school should not be forced to recite the pledge.
``It really strikes at the fundamental core of what it means to have freedom of belief in this country,'' Marshall said.
Some South Florida students said Monday that the pledge is important to them and part of their daily ritual.
``It's almost like a reflex to stand up when you do the pledge,'' said Ian Mann, a senior at West Broward High School in Pembroke Pines.
He said he thinks students should participate. ``Most people do,'' said Ian, 17. ``Unless kids are in their own world doing homework or sleeping, they stand up.''
Jennifer Gonzalez, a junior at John A. Ferguson High in Kendall, said most kids take part in her school as well.
Said Jennifer, 16: ``I think we should still say it because we are respecting our country.''
http://www.mcclatchydc.com/homepage/story/76596.html