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11th Circuit Holds Parental Rights Can Trump Child's 1st Amendment Protections

By Howard M. Friedman

Yesterday in Frazier v. Winn, (11th Cir., July 23, 2008), the U.S. 11th Circuit Court of Appeals handed down a decision on the clash between parental rights to control the upbringing of their children and a child's own First Amendment rights. While the case focused on free speech issues, it presumably impacts similar Free Exercise clashes. At issue was a facial challenge to Florida's statute that provides a student must be excused from reciting the Pledge of Allegiance upon written request of his or her parent. In the case, the district court had concluded that the statute unconstitutionally "robs the student of the right to make an independent decision on whether to say the pledge."

The Court of Appeals disagreed, saying:

The rights of students and the rights of parents?two different sets of persons whose opinions can often clash?are the subject of a legislative balance in the statute before us. The State, in restricting the student?s freedom of speech, advances the protection of the constitutional rights of parents: an interest which the State may lawfully protect.... Although we accept that the government ordinarily may not compel students to participate in the Pledge... we also recognize that a parent?s right to interfere with the wishes of his child is stronger than a public school official?s right to interfere on behalf of the school?s own interest....

Even if the balance of parental, student, and school rights might favor the rights of a mature high school student in a specific instance, Plaintiff has not persuaded us that the balance favors students in a substantial number of instances?particularly those instances involving elementary and middle school students?relative to the total number of students covered by the statute.... We therefore decline to validate Plaintiff?s facial challenge.

The Court of Appeals also held unconstitutional that the portion of Florida's statute that requires students who are excused from reciting the pledge to nevertheless stand while others recite it. The AP reports on the court's decision.

Full post as published by Religion Clause on July 24, 2008 (boomark / email).