Federal court bars enforcement of school patriotism law in Pennsylvania

[Judi Lynn]

Federal court bars enforcement of school patriotism law in Pennsylvania

By Martha Raffaele, Associated Press, 7/15/2003 22:31
HARRISBURG, Pa. (AP) A federal court on Tuesday barred education officials from enforcing a state law that requires public and private school students to recite the Pledge of Allegiance or sing the national anthem each morning.

The ruling by U.S. District Judge Robert F. Kelly agreed with the arguments of several plaintiffs, including a private school in Harrisburg, that the law violates students' right to freedom of expression under the First Amendment.

''I agree that (the law) unconstitutionally interferes with the school plaintiff's ability to express their values and forces them to espouse the commonwealth's views,'' Kelly wrote in issuing a permanent injunction.

The law also requires the American flag to be displayed in every classroom when school is in session.

Under the law, students can decline to recite the pledge and salute the flag on the basis of religious conviction or personal belief, but school officials must notify the parents of students who decline. (snip/...)

http://www.boston.com/dailynews/196/nation/Federal_court_bars_enforcement:.shtml

[usregimechange]

1. Yes!

“The mixing of government and religion can be a threat to free government, even if no one is forced to participate.” JUSTICE BLACKMUN, with whom JUSTICE STEVENS and JUSTICE O'CONNOR join, concurring in LEE v. WEISMAN, 505 U.S. 577 (1992).

[northofdenali]

2. AMEN! There's a couple of other states with laws similar to this.

I don't think PA will fight this too far - but if someone takes on the law in, say, Texas, they'll take it right to the Supremes.....and lose.

[umcwb]

3. Locking,

Dupe, please continue discussion here:
http://www.democraticunderground.com/discuss/duboard.php?az=show_topic&forum=102&topic_id=16245&mesg_id=16245&page=

Thanks,
UMCWB
DU LBN Moderator