Q: What do you say to a lawyer with an I.Q. of 50?
A: "Good morning, Your Honor."
Posted on 06/02/2006 4:16:41 AM PDT by FerdieMurphy
A federal judge has declared a state law requiring students to stand and recite the Pledge of Allegiance unconstitutional.
U.S. District Judge Kenneth Ryskamp also declared students do not need a parent's permission to be excused from reciting the pledge, citing previous federal cases.
''It is a long-standing rule of constitutional law that a student may remain quietly seated during the pledge on grounds of personal or political belief,'' Ryskamp stated in his ruling based on a lawsuit filed by a Boynton Beach High School student who had refused to stand for the pledge.
Cameron Frazier, then a 17-year-old junior, was told by teacher Cynthia Alexandre that he was ''so ungrateful and so un-American'' after he twice refused to stand for the pledge in her classroom on Nov. 8, the lawsuit said.
Frazier's lawsuit did not challenge the recital of the pledge in Florida classrooms, only students' right not to participate.
Requiring Frazier to stand during the Pledge of Allegiance is ''in violation of his First and Fourth Amendment rights,'' the lawsuit said.
In February, the School Board voted to settle and agreed to pay Frazier $32,500.
`ABOUT FREEDOM'
But the American Civil Liberties Union sued the state Board of Education and state Education Commissioner John Winn, challenging a state law that says the pledge needs to be recited at the beginning of the day at all elementary, middle and high schools.
''This is a decision about freedom and freedom in America means your right to not recite the Pledge of Allegiance or your right to recite the Pledge of Allegiance,'' said Howard Simon, executive director of the Florida ACLU. ``The impact that we hope this decision will have is that school officials begin to respect the conscience and dignity of young people.''
The Pledge of Allegiance is recited every morning at all Miami-Dade County elementary and secondary schools.
However, students have a choice. They can stand or sit in silence if they choose not to recite it for religious or personal convictions, said Joseph Garcia, a spokesman for Miami Dade Public Schools.
''We prefer notes from parents,'' he said. ``But we will not discipline a child for not reciting it as long as they are not being disruptive.''
Broward County also offers its students the option of participating -- or not.
''The policy in Broward is we request students to say the pledge,'' said district spokesman Keith Bromery. ``If a student does not want to do it, all they are required to do is sit or stand quietly and not disrupt other students.''
Learning how to recite the Pledge of Allegiance is part of the Miami-Dade curriculum, Garcia said.
He added there have not been any problems with the School Board ruling in recent years.
''Our ruling conforms with federal and state statutes,'' Garcia said. ``[The Pledge of Allegiance] is going to be said in our school. Whether a student says it or not is a matter of the student's personal or religious conviction.''
`DISAPPOINTED'
Simon said that was in line with what the Supreme Court ruled in 1943.
''The Supreme Court ruled that a person can't be compelled to professing allegiance,'' he said. ``Their rule respects the right of the student.''
State Department of Education spokeswoman Cathy Schroeder said the department was ''disappointed'' with Ryskamp's decision and may appeal.
''Our attorneys are reviewing the ruling to see if any further action can be taken,'' Schroeder said.
Prepare to be inundated with people who refuse to understand that:
along with the freedom to speak comes the freedom NOT to speak.
and
a 'pledge' of 'allegiance', or fealty, is an oath of subservience... exactly what the Founders refused to give to the King of England.
-----
Why everyone thinks it's okey-dokey to make such an oath or affirmation to an artificial creation called 'government, I will never understand.
There's one worth repeating.
That being said, school prayer advocates may have a gripe.
Bush Sr is a liar, a faux-conservative, and a globalist One-Worlder.
He was a terrible president, and Reagan's only major mistake.
I would bet ANYTHING that the judge would fine any visitor to the court room who failed to stand when Hizzoner entered.
If I were to be in the court room, and refused to respect the judge because I thought he was a POS ... and I tried to exercise my "freedom of speech" to not stand and be respectful .... how big a "Contempt of Court" fine would be imposed on me?
Someone who is trying to defend the school's position ought to try the stunt ... then ask that the judge be recused from ruling on the case, since he would have shown himself to be a big-time hypocrite.
The ruling should stand only if judges agree that there should be no displays of respect in the court room, such as mandating people stand.
Mike
Just to be clear:
It's the constitution, not the flag, that protects the stdent's rights.
What exactly do you gain by forcing the kids to recite the pledge? Do you think they know what it means? Better to educate the kids on why having allegiance is a good and proper thing and then let them decide on their own.
Allegiance is in ones heart, not on the lips. reciting a pledge means nothing and forced patriotism is the last refuge of a scoundrel.
I'm of the opinion that our job isn't to force the kids to recite the pledge, but to make them want to recite the pledge.
Well out.
Mindless recitation doesn't mean anything. Moreover, I happen to believe that it devalues the Pledge.
At the risk of being flamed into charcoal, I happen to agree with this Judge.
I do not owe my allegiance to anyone or anything other than God.
Yep, forced pledges certainly guarantee the survival of the nation, like in Nazi Germany... er, like the Soviet Union... ah, help me out here....
Ah, bigotry and fascism all in the same package. How very efficient of you.
Note which comes first.
Despite my opposition to forcing (see post 26) I stood and recited the pledge proudly and daily when I was in school.
Of course, this was during WWII. Somehow I think it had a different meaning to us then.
Reagan appointee,, 1986
http://air.fjc.gov/servlet/tGetInfo?jid=2084
Ryskamp, Kenneth L.
Born 1932 in Grand Rapids, MI
Federal Judicial Service:
U. S. District Court, Southern District of Florida
Nominated by Ronald Reagan on March 12, 1986, to a seat vacated by Joe Eaton; Confirmed by the Senate on April 23, 1986, and received commission on April 24, 1986. Assumed senior status on January 1, 2000.
Can't argue with that! You're right, as usual, LMT. You're pretty darn smart for a guy! :)
I stand corrected. I thought he was a Bush appointee.
Great homepage. Try suspenders. :)
No problem, I am sure both Presidents would be disappointed in this latest pronouncement from the bench.
Here is a site to get info on all Judges.
http://air.fjc.gov/history/home.nsf/search_db_sybase!OpenForm&BaseTarget=right
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