United States Eleventh Circuit

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Frazier v. Winn, 06-14462

A ruling finding Florida's pledge of allegiance statute unconstitutional is affirmed in part and reversed in part where: 1) a student who is excused from pledging cannot be required by the pledge statute to stand; but 2) the district court erred in invalidating the statute's requirement that a student provide a written request by a parent to be excused from reciting the Pledge, as the state's interest in recognizing and protecting the rights of parents on some education issues is sufficient to justify the restriction of some students' freedom of speech.

Appellate Information

  • Decided 07/23/2008
  • Published 07/23/2008


  • PER CURIAM:, Before EDMONDSON, Chief Judge, and HILL and ALARCĂ“N, Circuit Judges.


  • United States Eleventh Circuit


  • For Appellees:
  • Scott Douglas Makar, Timothy David Osterhaus, Tallahassee, FL, for Defendants-Appellants., Randall C. Marshall, Amer. Civ. Liberties Union of Fla., Inc., Miami, FL, James K. Green, James K. Green, P.A., Gerald A. Williams, West Palm Beach, FL, for Plaintiff-Appellee.

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