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Judge: It's Unconstitutional To Make Students Stand For Pledge


POSTED: 11:26 pm EDT June 1, 2006
UPDATED: 11:29 pm EDT June 1, 2006

WEST PALM BEACH, Fla. -- A federal judge ruled Thursday that it is unconstitutional to require a student to stand and recite the Pledge of Allegiance.

Judge Kenneth Ryskamp also ruled that a student does not have to get a parent's permission to be excused from reciting the pledge.

The American Civil Liberties Union sued the state Board of Education and state Education Commissioner John Winn on behalf of a Boynton Beach High School student who said he was disciplined for not standing during the pledge last year.

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 Nov. 8, the lawsuit said.

Requiring Frazier to stand during the Pledge of Allegiance is "in violation of his First and Fourth Amendment rights," the lawsuit said.

The Palm Beach County School Board voted in February that students do not have to recite the pledge or stand for it, but the lawsuit was 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."

Kathy Schroeder, a spokeswoman for the Florida Department of Education said the agency is disappointed with the ruling.

"Our attorneys are reviewing the ruling to see if any further action can be taken," Schroeder said.

Attempts to reach Frazier through his attorney Randall Marshall were not immediately successful.

As part of a settlement with the Palm Beach County School District, Frazier will get $32,500 and Alexandre will be reprimanded in writing.
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