Frain v. Baron
Title
Description
"As for the pledge: I believe it is untrue ('Liberty and justice for all') and I refuse to swear to a lie."
"Three students refused to say and stand for the Pledge of Allegiance because of a belief that the words "with liberty and justice for all" were not true in America today. One was also an athiest who objected to "Under God" as well. The court denied the motion to dismiss and held that it was not incumbent upon the students to convince the court that the offered alternative of leaving the room constituted punishment. Rather, defendants must have convinced the court that the particular expression of protest chosen by the students, remaining seated, materially infringed the rights of other students or caused disruption."
"Three students refused to say and stand for the Pledge of Allegiance because of a belief that the words "with liberty and justice for all" were not true in America today. One was also an athiest who objected to "Under God" as well. The court denied the motion to dismiss and held that it was not incumbent upon the students to convince the court that the offered alternative of leaving the room constituted punishment. Rather, defendants must have convinced the court that the particular expression of protest chosen by the students, remaining seated, materially infringed the rights of other students or caused disruption."
Date
1969-12-10
Type
Court Case
Source
Frain v. Baron (UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF NEW YORK December 10, 1969) https://law.justia.com/cases/federal/district-courts/FSupp/307/27/1428426/