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  1. #1
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    Sep 2007
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    Default Pledge of Allegiance

    In Frazier V Alexandre, the Florida Supreme Court ruled that it is unconstitutional to require students to stand for the pledge of allegiance, not to say it-- just to stand. My question is, does this apply to every state or just to Florida? Does this apply to Illinois or can Illinois disagree with the federal ruling and have its own laws regarding this?

  2. #2
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    Default Re: Pledge of Allegiance

    A ruling by a state supreme court is binding only in that state.

  3. #3
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    Default Re: Pledge of Allegiance

    Thanks. I have another question. Can a city, county or even public school (not private schools) have a law which, for example, requires the participation of the pledge of allegiance even if the state does not have such a requirement. Illinois requires the recitation of the pledge, but not the participation. Do you know if entities within the state can object and require the participation of it?

  4. #4
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    Default Re: Pledge of Allegiance

    Is it possible? Sure. Is it enforceable? It depends upon whether it conflicts with state law as well as, as applicable, the constitutional rights of students to opt out of participation.

  5. #5
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    Default Re: Pledge of Allegiance

    Quote Quoting 8awheel
    View Post
    In Frazier V Alexandre, the Florida Supreme Court ruled that it is unconstitutional to require students to stand for the pledge of allegiance, not to say it-- just to stand. My question is, does this apply to every state or just to Florida? Does this apply to Illinois or can Illinois disagree with the federal ruling and have its own laws regarding this?

    Could you be mistaken about the FL SC? I checked, the case of: Frazier v. Alexandre, No. 05-81142 (S.D. Fla. May 31, 2006), is thus cited on Wikipedia.

    I checked on the FL SC web site, I could not find such a case.


    This would be a United States District Court ruling, Southern district, and would only "legally" apply in the Southern District of FL, unless I am mistaken on Federal court jurisdiction powers.



    Was the ruling appealed?

  6. #6
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    Default Re: Pledge of Allegiance

    8aWheel, if you are interested, here is the opinion of the federal court. A section 1983 action was filed seeking declaratory and injunctive relief asking the court to declare the FL law as a violation of the federal constitution.


    http://www.aclufl.org/pdfs/Legal%20PDfs/Frazier.pdf

  7. #7
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    Default Re: Pledge of Allegiance

    A section 1983 action was filed seeking declaratory and injunctive relief asking the court to declare the FL law as a violation of the federal constitution.
    If that FL law is a violation of the federal constitution, wouldn't the same law also be a violation of the federal constitution in any other state? Or would the case have to be brought up again and again in every other state (or district) to prove the same law unconstitutional?

  8. #8
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    Default Re: Pledge of Allegiance

    Again, a ruling by a state supreme court is binding only in that state.

    Arguments premised upon federal constitutional law could be raised in any state.

  9. #9
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    Default Re: Pledge of Allegiance

    Again, a ruling by a state supreme court is binding only in that state.
    OK, thank you.

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