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Politics & Government

Supreme Court refuses to review Florida's pledge law

Hannah Sampson - The Miami Herald

October 06, 2009 06:53 AM

The U.S. Supreme Court declined Monday to review a Florida law that requires students to recite the Pledge of Allegiance unless they have a parent's note letting them opt out.

A federal judge had ruled the law unconstitutional in a case that originated in South Florida, but an appeals court reversed that ruling.

An attorney with the American Civil Liberties Union of Florida, which asked the court to review the law, said school districts would likely face lawsuits if they tried to enforce the statute. Not all districts follow it.

"I would be frankly quite surprised if school districts really wanted to take on that kind of a battle," said Randall Marshall, legal director for the ACLU of Florida.

The case has roots in Palm Beach County, where then-high school junior Cameron Frazier refused to stand during the pledge in 2005. He said he was berated by his teacher and kicked out of class.

Frazier filed suit against the school district, the teacher and other employees, the Florida Department of Education and the state Board of Education. He settled with the district, but continued his case against the state.

A 1942 state law says the pledge must be observed every day in elementary, middle and high schools. It says students can be excused from reciting the pledge with written permission from a parent.

To read the complete article, visit www.miamiherald.com.

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