PHILADELPHIA -- A state law that would have required schoolchildren to recite the Pledge of Allegiance or sing the national anthem daily is unconstitutional, a federal appeals court ruled Thursday. Because of the court challenge, the law has never been in effect.
A three-judge panel of the 3rd U.S. Circuit Court of Appeals ruled unanimously that the law violates the free-speech rights of students and the right of private schools to "free expressive association."
The law allowed schools to opt out of the pledge requirement for religious reasons, but not for secular reasons. Students could decline on the basis of religious conviction or personal belief, but if they did so, the law required parental notification.
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