ATLANTA (CN) – In a per curiam opinion, the 11th Circuit held that a student who has been excused by his parents from reciting the Pledge of Allegiance should not be required to stand as the rest of the class recites it.
Cameron Frazier, a high school junior, challenged the constitutionality of Florida’s law regarding students’ observance of the pledge. Frazier also challenged the provision that a student could only opt out of the pledge with his parents’ permission.
The court said the constitutional right to remain seated during the pledge is “well established,” but the school did not violate that right by requiring parental consent.
“The State’s interest in recognizing the rights of parents on some educational issues is sufficient to justify the restriction of some students’ freedom of speech,” the court ruled.