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Judge: Pa.'s Pledge law violates First Amendment
Pittsburgh Tribune-Review ^ | August 20, 2004 | Associated Press Wire

Posted on 08/20/2004 7:06:11 AM PDT by buzzyboop

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To: Charles H. (The_r0nin)
A similar policy is in effect where I teach and has been ruled constitutional over and over. Every morning we all stand, the Jehovah's Witnesses and the general jerk-offs don't say anything, and the rest of the class recites the pledge. Big deal...
Are they required to stand? If so, the Supreme Court would probably slap it down, based on Barnette. Requiring a positive action be performed by all crosses the line.

-Eric

61 posted on 08/20/2004 5:22:38 PM PDT by E Rocc (Theresa can afford John Kerry. America cannot.)
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To: buzzyboop

Here we go again..... what moron is challenging it this time?


62 posted on 08/20/2004 6:29:52 PM PDT by Awestruck (The artist formerly known as Goodie D)
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To: buzzyboop

I have a question? Does this mean that schools are prohibited from saying the pledge at the beginning of the day? If so, what about the rights of the people who want to say the pledge?


63 posted on 08/20/2004 7:54:57 PM PDT by NurdlyPeon
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To: buzzyboop
um.. how does it violate free speech??

I think we all to get a judge to outlaw math and history and all classes as violations of free speech.

64 posted on 08/20/2004 10:04:03 PM PDT by GeronL (Viking Kitties have won the GOLD MEDAL in the 2,000 meter ZOTTING)
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To: SedVictaCatoni
Demanding a daily loyalty oath to the government is hostile to conservative principles

So does government requiring children to learn to read, write, do math and learn about history.

65 posted on 08/20/2004 10:06:02 PM PDT by GeronL (Viking Kitties have won the GOLD MEDAL in the 2,000 meter ZOTTING)
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To: buzzyboop
"and elsewhere in the news, John Kerry's lead in Pennsylvania evaporated today..."
George W. Bush will be reelected by a margin of at least ten per cent

66 posted on 08/21/2004 12:40:48 AM PDT by SunkenCiv (Unlike some people, I have a profile. Okay, maybe it's a little large...)
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To: buzzyboop

Good! Mandatory loyalty oaths are for Communists.


67 posted on 08/21/2004 12:44:03 AM PDT by Zeroisanumber
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To: buzzyboop

Yeah, the liberals are oh-so-concerned about the First Amendment when it's convenient for them. So how does kicking a kid out of school for saying a prayer not violate the First Amendment?


68 posted on 08/21/2004 7:09:59 AM PDT by Excuse_My_Bellicosity (Gun-control is leftist mind-control.)
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To: buzzyboop
In July 2003, Kelly ruled the law unconstitutional, saying the threat of parental notification would coerce students into taking the pledge and thereby violate their right to free speech. The appeals court agreed.

Heaven forbid that a (gasp!) parent should be involved in this. This is the same liberal "logic" that dictates that parental notification will infringe on a minor's "right" to get an abortion.

69 posted on 08/21/2004 7:13:54 AM PDT by Excuse_My_Bellicosity (Gun-control is leftist mind-control.)
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To: freeeee

You're absurd. The schools are compelled to direc the pledge and anthem, but the students aren't compelled to participate. You have to make a pledge to become a citizen, to qualify for a government job, to join the military, etc.


70 posted on 08/21/2004 8:02:51 PM PDT by holdonnow
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To: steplock

"Why? When I first came to the US in the 4th grade in 1960 I remember the 'SHOCK' of the wording in the pledge to the flag and the reference to G_D and then the public prayers that were NOT of my Church."

Does your church not pray to God?

"To paraphrase the Words of Christ, "to Rome that which is Rome's - to GOD that which is GOD's" - in my upbringing that meant to not sully the name of G_D in secular venues."

Yes, and when in Rome, do as the Romans do, when in USA, do as the Americans do. Also, what sullies the name of God?

"Going a bit further on, when Jesus scolded the Pharisees on their PUBLIC DISPLAY of "godliness" admonishing them to pray in private."

Are you referring to this? "And when thou prayest, thou shalt not be as the hypocrites are: for they love to pray standing in the synagogues and in the corners of the streets, that they may be seen of men. Verily I say unto you, they have their reward. "? If you are, Jesus was referring to their ulterior motive... to be seen of men. He was not talking about where they prayed so much as why they prayed where they prayed.

"The later statement of "where two or more are gathered in "My Name" and I will be there" (all paraphrased - I am NOT a Bible scholar) does not mean in a government forum. That is sacrilegious."

Do you have any reference that indicates that prayer in a government forum is somehow bad? Where do you get sacriligious from? You do understand that this nation is built on a government of the people, by the people and for the people don't you? Are you saying that we the people have no right to pray if we are in government? If we are in a government environment?

"BTW - In school I refused to recite the the pledge because I give my pledge only to G_D and I do not pray in public either. I did stand and remain silent is RESPECT to the American Flag."

How can you say that you give your pledge only to God after saying "When I first came to the US in the 4th grade in 1960 I remember the 'SHOCK' of the wording in the pledge to the flag and the reference to G_D and then the public prayers that were NOT of my Church."?

"THAT is why this judge is correct declaring that the government cannot force a child to kneel in subjugation to a secular power."

There is no indication that any child is forced to kneel at all, much less in subjugation to a secular power. Have you not read the 1st amendment to the constitution? It says "Congress shall make no law respecting the establishment of religion, or prohibiting the free exercise thereof;"
Your main complaint in this reply seems to be that we the people should not have the free exercise thereof. That is unconstitutional.


71 posted on 08/21/2004 10:55:45 PM PDT by mjaneangels@aolcom
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To: Charles H. (The_r0nin); DustyMoment

Funny how you put a black robe on a simple lawyer, and they become "god.."

Methinks the founders tripped...[nobody should ever be able to make laws, or rule on them, when their profession benefits...and so do they when or if they get out of government]

Ban the legal "profession" from government..forever. [I only wish it was that simple]

We do have an oligarchy in this country. The judiciary, like the DA in a county, is the most powerful entity in the legal system..which makes them the most powerful people period.


72 posted on 08/22/2004 7:29:57 AM PDT by Indie (Ignorance of the truth is no excuse for stupidity.)
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To: Indie

Well said - and absolutely right.

Even Shakespeare recognized the danger from lawyers.


73 posted on 08/22/2004 7:36:20 AM PDT by DustyMoment (Repeal CFR NOW!!)
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