Court: Student needn't stand for PledgePosted on Thu, Jul. 24, 2008 By NIRVI SHAH
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A federal appeals court upheld the right of a former Palm Beach County high school student to refuse to stand for the Pledge of Allegiance but did not say whether that right should extend to all students.
In 2005, Boynton Beach High student Cameron Frazier sued the school district, state education commissioner and state Board of Education after a teacher forced him to stand during the Pledge, even though he had a note from his mother excusing his participation.
A state law requires people to stand when the Pledge is recited.
The ruling doesn't strike down the law or extend to other students, said Randall Marshall, legal director for the American Civil Liberties Union in Florida who argued the suit on behalf of Frazier.
But the ruling by the 11th Circuit Court of Appeals could trigger more lawsuits if other students are forced to stand for the Pledge, Marshall said. ''Based on this ruling, it is unimaginable that any Florida school district could punish a high school student for refusing to stand for the Pledge,'' Marshall said in a statement. ``Any school district in Florida that requires a student to stand and recite the Pledge, and punishes them for not doing so, will be inviting litigation.''
Broward school district spokesman Keith Bromery said students do need to bring in a note from their parents to be exempt from participating in the Pledge.
''If somebody does not want to do it, it's their right to opt out,'' Bromery said. ``They cannot disrupt the procedure.''
[email protected]rald.com
A federal appeals court upheld the right of a former Palm Beach County high school student to refuse to stand for the Pledge of Allegiance but did not say whether that right should extend to all students.
In 2005, Boynton Beach High student Cameron Frazier sued the school district, state education commissioner and state Board of Education after a teacher forced him to stand during the Pledge, even though he had a note from his mother excusing his participation.
A state law requires people to stand when the Pledge is recited.
The ruling doesn't strike down the law or extend to other students, said Randall Marshall, legal director for the American Civil Liberties Union in Florida who argued the suit on behalf of Frazier.
But the ruling by the 11th Circuit Court of Appeals could trigger more lawsuits if other students are forced to stand for the Pledge, Marshall said. ''Based on this ruling, it is unimaginable that any Florida school district could punish a high school student for refusing to stand for the Pledge,'' Marshall said in a statement. ``Any school district in Florida that requires a student to stand and recite the Pledge, and punishes them for not doing so, will be inviting litigation.''
Broward school district spokesman Keith Bromery said students do need to bring in a note from their parents to be exempt from participating in the Pledge.
''If somebody does not want to do it, it's their right to opt out,'' Bromery said. ``They cannot disrupt the procedure.''




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