The Circle School v. Pappert
Description
"It may be useful to note our belief that most citizens of the United States willingly recite the Pledge of Allegiance and proudly sing the national anthem. But the rights embodied in the Constitution, most particularly in the First Amendment, protect the minority those persons who march to their own drummers."
4 Pa. Cons. Stat. Ann. § 7771(c) mandated that all public, private, and parochial schools within the Commonwealth display the national flag in every classroom and provide for the recitation of the Pledge of Allegiance or the national anthem every school day. It allowed private schools to opt out on religious grounds, and students could opt out on religious or personal grounds; however, it required school officials to notify, in writing, parents or guardians of those students who did not participate. The court held that the parental notification clause clearly discriminated among students based on the viewpoints they expressed since it was only triggered when a student exercised his or her First Amendment right not to speak and the Commonwealth did not offer any convincing governmental interest for parental notification. The court also held that the statute, by applying to all schools, substantially burdened plaintiff schools' mission of "freedom of choices."
4 Pa. Cons. Stat. Ann. § 7771(c) mandated that all public, private, and parochial schools within the Commonwealth display the national flag in every classroom and provide for the recitation of the Pledge of Allegiance or the national anthem every school day. It allowed private schools to opt out on religious grounds, and students could opt out on religious or personal grounds; however, it required school officials to notify, in writing, parents or guardians of those students who did not participate. The court held that the parental notification clause clearly discriminated among students based on the viewpoints they expressed since it was only triggered when a student exercised his or her First Amendment right not to speak and the Commonwealth did not offer any convincing governmental interest for parental notification. The court also held that the statute, by applying to all schools, substantially burdened plaintiff schools' mission of "freedom of choices."
Date
2004-08-19
Type
Court Case
Source
The Circle School v. Pappert, 1 10 (UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT August 19, 2004) https://law.justia.com/cases/federal/appellate-courts/F3/381/172/608218/