Intermarkets' Privacy Policy Support
Donate to Ace of Spades HQ! Contact
Ace:aceofspadeshq at gee mail.com Buck: buck.throckmorton at protonmail.com CBD: cbd at cutjibnewsletter.com joe mannix: mannix2024 at proton.me MisHum: petmorons at gee mail.com J.J. Sefton: sefton at cutjibnewsletter.com Recent Entries
The Morning Report — 5/ 9 /25
Daily Tech News 9 May 2025 ONT Leo XIV Water Hazard Cafe Quick Hits After Democrat Senators Tillis, Cassidy, Collins, Murkowski, McConnell, and Linsdsey Graham Balk, Trump Withdraws Ed Martin from Consideration for US Attorney from DC Asked About His Steep Cognitive Decline on Propaganda Yenta Show The View, Biden Babbles Incoherently and Needs His Wifenurse to Step In Bernie Sanders on Using Expensive Private Jets -- Paid for by Billionaire Pals -- While "Fighting the Oligarchy:" "You Want Me to Wait in Line at United With 30,000 People?" Mark Halperin: A Source "Very Familiar With the Bidens" Tells Me That Biden, Inc. Is Going Broke as the Graft Spigots Have All Been Turned Off American Pope Elected, Robert F. Prevost; He's Addressing the Crowd Absent Friends
Jim Sunk New Dawn 2025
Jewells45 2025 Bandersnatch 2024 GnuBreed 2024 Captain Hate 2023 moon_over_vermont 2023 westminsterdogshow 2023 Ann Wilson(Empire1) 2022 Dave In Texas 2022 Jesse in D.C. 2022 OregonMuse 2022 redc1c4 2021 Tami 2021 Chavez the Hugo 2020 Ibguy 2020 Rickl 2019 Joffen 2014 AoSHQ Writers Group
A site for members of the Horde to post their stories seeking beta readers, editing help, brainstorming, and story ideas. Also to share links to potential publishing outlets, writing help sites, and videos posting tips to get published.
Contact OrangeEnt for info:
maildrop62 at proton dot me Cutting The Cord And Email Security
Moron Meet-Ups
NoVaMoMe 2025: 06/21/2025 Arlington, VA Contact Weasel and Bluebell for info Texas MoMe 2025: 10/17/2025-10/18/2025 Corsicana,TX Contact Ben Had for info |
« Begala: Coleman's "Selfish" Fight Could Deprive State of its Senator for Months! |
Main
| Top Headline Comments 01-28-09 »
January 28, 2009
At the Eleventh Circuit: Compelled Student Speech vs. Parental RightsHere's a bit of blog-fodder I found in my inbox this morning. Yesterday, the Eleventh Circuit refused to re-hear en banc (PDF) a Pledge of Allegiance case it decided in July (which I didn't hear about then because I was busy taking the bar exam). The case is Frazier v. Alexandre; a copy of last year's decision is here (PDF). In a nutshell, a Florida statute requires that public school students K-12 stand and recite the Pledge of Allegiance every day. There is an exception, however, for students whose parents provide a note requesting that they be excused from reciting it. There is not an exception for students who choose not to participate but for whatever reason cannot get a note from a parent. A public school student, along with his mother, sued. They argued that the "Pledge Statute" was an unconstitutional violation of his First Amendment rights. They were on pretty solid legal ground. The Supreme Court ruled in 1943 that public school students cannot be compelled to salute the flag or pledge allegiance (although the majority decision caused Justice Frankfurter to write a famous lament for the death of judicial restraint). However, the student and his mother lost in the Eleventh Circuit. The panel held that the Pledge Statute involves parental rights to control the education of their children more than it does students' speech rights. Parental rights, though not enumerated in the Constitution, are among the earliest rights recognized by the Supreme Court as a component of the "liberty" protected under the Due Process Clause. The panel held that parental rights, though not enumerated in the Constitution, trump a student's First Amendment speech rights. They denied the student's facial challenge. So what do you think? Can (or should) the government be able to compel a public school student's speech, so long as they give the student's parents the option to excuse him? I think the Pledge Statute it is plainly unconstitutional and the panel's decision, especially the second part, is poorly reasoned. I agree with the judge who dissented yesterday from the denial of re-hearing. First, there is no "except for public school students" text in the First Amendment, yet the panel did not even consider the student's speech rights. Don't get me wrong, they recited the plainly settled fact that students have speech rights. See Frazier (second link, above) at 10. Then they changed the subject: We see the statute before us now as largely a parental-rights statute. As such, this case is different from Barnette [the compelled Pledge case linked above]. Although the statute here generally requires students to recite the Pledge, the statute also requires students to be notified that they might be excused from reciting the Pledge. The statute then spells out how a student may be excused, that is, by getting his parent’s consent. Most important, the statute ultimately leaves it to the parent whether a schoolchild will pledge or not. In something of a judicial farce, they pretended that a student's refusal to recite the pledge "hinders their parents' fundamental right to control their children’s upbringing." Frazier at 10-11. In fact, the panel all but congratulates the Florida legislature for "protecting the rights of all parents on the question of the Pledge." Frazier at 11 n. 6. Sadly, the panel is silent on the compelled speech of the student. Extrapolating from the panel's reasoning, why shouldn't the Florida legislature be able to "vindicate" parental rights by requiring that all students, not just public school students, be compelled to say the pledge unless they can get a parental waiver? As the panel says, the State may lawfully "recognize and protect" the interests of parents in this manner. This case is plum for certiorari to the Supreme Court, should Frasier want to keep fighting. The Eleventh Circuit's new rule conflicts with the Second, Third, Seventh, and Ninth Circuits, as well as prior Supreme Court jurisprudence. | Recent Comments
weft cut-loop[/i][/b] [/s]:
"Title am I going to write now on from. And wardsba ..."
Warai-otoko : "Blue is the color of Our Lady Friday is the da ..." I used to have a different nic [/i][/b][/s][/u]: "Nood. ..." Yudhishthira's Dice: "Scroll down the list and see how many modern names ..." I used to have a different nic [/i][/b][/s][/u]: "Good morning horde! Happy Friday! ..." Sturmtoddler: "morning horde loving the new color for a friday ..." Warai-otoko : "11 Is there a big enough barrel to atone for this? ..." Lady in Black[/i][/b][/u]: "Is there a big enough barrel to atone for this? ..." Elrond Hubbard: "You just never know. Thanks for the compilation ..." Warai-otoko : "Gli Azzurri? ..." fd: "Can you add another attribute to the font, like fl ..." Boron Cobbie - You're pretty when you dress feminine. Men like to see ladies dressed up.: "You simply would not get that type of information, ..." Recent Entries
The Morning Report — 5/ 9 /25
Daily Tech News 9 May 2025 ONT Leo XIV Water Hazard Cafe Quick Hits After Democrat Senators Tillis, Cassidy, Collins, Murkowski, McConnell, and Linsdsey Graham Balk, Trump Withdraws Ed Martin from Consideration for US Attorney from DC Asked About His Steep Cognitive Decline on Propaganda Yenta Show The View, Biden Babbles Incoherently and Needs His Wifenurse to Step In Bernie Sanders on Using Expensive Private Jets -- Paid for by Billionaire Pals -- While "Fighting the Oligarchy:" "You Want Me to Wait in Line at United With 30,000 People?" Mark Halperin: A Source "Very Familiar With the Bidens" Tells Me That Biden, Inc. Is Going Broke as the Graft Spigots Have All Been Turned Off American Pope Elected, Robert F. Prevost; He's Addressing the Crowd Search
Polls! Polls! Polls!
Frequently Asked Questions
The (Almost) Complete Paul Anka Integrity Kick
Primary Document: The Audio
Paul Anka Haiku Contest Announcement Integrity SAT's: Entrance Exam for Paul Anka's Band AllahPundit's Paul Anka 45's Collection AnkaPundit: Paul Anka Takes Over the Site for a Weekend (Continues through to Monday's postings) George Bush Slices Don Rumsfeld Like an F*ckin' Hammer Top Top Tens
Democratic Forays into Erotica New Shows On Gore's DNC/MTV Network Nicknames for Potatoes, By People Who Really Hate Potatoes Star Wars Euphemisms for Self-Abuse Signs You're at an Iraqi "Wedding Party" Signs Your Clown Has Gone Bad Signs That You, Geroge Michael, Should Probably Just Give It Up Signs of Hip-Hop Influence on John Kerry NYT Headlines Spinning Bush's Jobs Boom Things People Are More Likely to Say Than "Did You Hear What Al Franken Said Yesterday?" Signs that Paul Krugman Has Lost His Frickin' Mind All-Time Best NBA Players, According to Senator Robert Byrd Other Bad Things About the Jews, According to the Koran Signs That David Letterman Just Doesn't Care Anymore Examples of Bob Kerrey's Insufferable Racial Jackassery Signs Andy Rooney Is Going Senile Other Judgments Dick Clarke Made About Condi Rice Based on Her Appearance Collective Names for Groups of People John Kerry's Other Vietnam Super-Pets Cool Things About the XM8 Assault Rifle Media-Approved Facts About the Democrat Spy Changes to Make Christianity More "Inclusive" Secret John Kerry Senatorial Accomplishments John Edwards Campaign Excuses John Kerry Pick-Up Lines Changes Liberal Senator George Michell Will Make at Disney Torments in Dog-Hell Greatest Hitjobs
The Ace of Spades HQ Sex-for-Money Skankathon A D&D Guide to the Democratic Candidates Margaret Cho: Just Not Funny More Margaret Cho Abuse Margaret Cho: Still Not Funny Iraqi Prisoner Claims He Was Raped... By Woman Wonkette Announces "Morning Zoo" Format John Kerry's "Plan" Causes Surrender of Moqtada al-Sadr's Militia World Muslim Leaders Apologize for Nick Berg's Beheading Michael Moore Goes on Lunchtime Manhattan Death-Spree Milestone: Oliver Willis Posts 400th "Fake News Article" Referencing Britney Spears Liberal Economists Rue a "New Decade of Greed" Artificial Insouciance: Maureen Dowd's Word Processor Revolts Against Her Numbing Imbecility Intelligence Officials Eye Blogs for Tips They Done Found Us Out, Cletus: Intrepid Internet Detective Figures Out Our Master Plan Shock: Josh Marshall Almost Mentions Sarin Discovery in Iraq Leather-Clad Biker Freaks Terrorize Australian Town When Clinton Was President, Torture Was Cool What Wonkette Means When She Explains What Tina Brown Means Wonkette's Stand-Up Act Wankette HQ Gay-Rumors Du Jour Here's What's Bugging Me: Goose and Slider My Own Micah Wright Style Confession of Dishonesty Outraged "Conservatives" React to the FMA An On-Line Impression of Dennis Miller Having Sex with a Kodiak Bear The Story the Rightwing Media Refuses to Report! Our Lunch with David "Glengarry Glen Ross" Mamet The House of Love: Paul Krugman A Michael Moore Mystery (TM) The Dowd-O-Matic! Liberal Consistency and Other Myths Kepler's Laws of Liberal Media Bias John Kerry-- The Splunge! Candidate "Divisive" Politics & "Attacks on Patriotism" (very long) The Donkey ("The Raven" parody) |