Thursday, October 8, 2009

SCOTUS - pants on fire

The Supreme Court failed to address the unconstitutional ruling of Florida's judiciary, and let stand a law that violates the basic rights of students in that state. The decision not to hear this case is a direct attack on current precedent. In 1943, the SCOTUS ruled on a similar case, and concluded that students enjoy the same right of conscience as any other citizen, and cannot be compelled to salute or to pledge allegiance to the flag.

This hits very close to home for me, as I was one of the few students in my school who objected to the pledge, and refused to legitimate the indoctrination it represents. If I had been subject to discipline of the nature practiced in Florida, I expect I would have brought a suit as well. Coercing students into reciting the pledge serves no legitimate purpose, and requiring parental excuses does nothing to remedy the assault on the first amendment.

This is a travesty, but at the same time, I am of mixed mind - would the SCOTUS have overturned their previous ruling? That could have been an even worse disaster. Still, I encourage students in Florida (and everywhere) to ignore such laws and follow their conscience and the constitution. The precedent from 1943 still stands, and the right to freedom of expression trumps any judicial pronouncement in these cases.

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