Education Law

Another Pledge of Allegiance Case

Over at the Constitutional Law Prof Blog, Professor Steven Schwinn reports on a recent First Circuit decision upholding a New Hampshire law that requires teachers to lead their classes in the Pledge of Allegiance (with a silent opt-out right for the students) against challenges based on both the Establishment Clause and the Free Exercise Clause.  The decision is very interesting, in part because the plaintiffs are represented by Michael Newdow, who was the plaintiff in the last Pledge of Allegiance case to reach the Supreme Court (Elk Grove v. Newdow).  The difference between this case and Newdow is that if this case reaches the Supreme Court, the Court will have to decide the merits, as there is no standing-based backdoor through which the Court can escape. 

Full post as published by Edjurist on November 18, 2010 (boomark / email).