On Friday, September 10, 2004, at 09:03 PM, Robert O'Brien wrote:
Mark Scarberry is dead on; the school can attempt to persuade the student to say the secular parts of the Pledge. Government can lead opinion, or attempt to, on secular matters, but not on religious matters.
Does this not conflict with the key passage of Barnette: "No public official, high or petty, can decide what shall be orthodox in politics, nationalism, religion, or other matters of opinion or force others to confess their faith therein by word or deed"?
No. The government can teach all kinds of things, including respect for country. But it cannot punish those who disagree or force adherence to the government line.
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Prof. Steven D. Jamar vox: 202-806-8017
Howard University School of Law fax: 202-806-8428
2900 Van Ness Street NW mailto:[EMAIL PROTECTED]
Washington, DC 20008 http://www.law.howard.edu/faculty/pages/jamar
"Years ago my mother used to say to me... 'In this world Elwood' ... She always used to call me Elwood... 'In this world Elwood, you must be Oh So Smart, or Oh So Pleasant.' Well for years I was smart -- I recommend pleasant. You may quote me." --Elwood P. Dowd
- Mary Chase, "Harvey", 1950
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