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In Landmark Florida Case, ACLU Preserves Right of Students Not to Recite Pledge (6/1/2006)
FOR IMMEDIATE RELEASE
CONTACT: media@aclu.org
WEST PALM BEACH, FL -- The American Civil Liberties Union of
Florida today applauded a district court ruling striking down a state law
requiring students to stand and recite the Pledge of Allegiance. The
pledge will continue to be recited in public school classrooms, but the
unconstitutional practice of forcing all students to stand and recite the pledge
will be halted.
“The pledge will continue to be recited in schools,
but will no longer be forced upon all students,” said attorney James Green,
Legal Panel Chair of the ACLU of Florida’s Palm Beach County Chapter. “This case
is about protecting the rights of all students -- including those who choose not
to stand and recite the pledge.”
The case was filed by the ACLU of
Florida on behalf of Cameron Frazier, who was punished and publicly ridiculed by
his Palm Beach teacher, Cynthia Alexandre, last December when he respectfully
declined to stand for the pledge. The U.S. District Court today declared the
Florida statute and the school district’s policy unconstitutional under the
First and Fourteenth Amendments to the U.S. Constitution, which protect free
speech and the right to due process of law The school district will now have to
“rescind any custom or practice that requires a parent’s permission before being
excused from reciting the pledge,” according to the judgment handed down today
by U.S. District Court Judge Kenneth L. Ryskamp.
“Cameron Frazier
stood up for his rights, sued the school district and his teacher, and
consequently has defended his and every other student’s First and Fourth
Amendment rights to refuse to stand for the pledge in school -- while
maintaining the rights of other students to recite the pledge,” Green added.
“This is a win for everyone and Cameron is a brave
American.”
Frazier was a 17-year-old student at Boynton Beach
Community High School when the case was filed on December 22, 2005. Green
and ACLU of Florida Legal Director Randall C. Marshall were co-counsel in the
case, Cameron Frazier v. Cynthia Alexandre.
“Compelling young
people to salute the flag, under threat of punishment for refusal to do so, has
been unconstitutional in America for over six decades,” said Howard Simon,
Executive Director of the ACLU of Florida. “It was long past due for this
unconstitutional law in Florida to be struck down and the conscience and rights
of young people to be respected by school officials.”
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