holding that students’ refusal to stand during the Pledge of Allegiance was constitutionally protected by First Amendment
How later courts described this case
- holding that students’ refusal to stand during the Pledge of Allegiance was constitutionally protected by First Amendment
- concluding that rule requiring students to stand during the Pledge was unconstitutional
Written by the judges who cited it.
The opinion
PER CURIAM:
Affirmed. See Local Rule 21.
1
1
. See NLRB v. Amalgamated Clothing Workers of America, 430 F.2d 966 (5th Cir. 1970).
This case originated as a three-judge case, Banks v. Board of Public Instruction of Dade County, 314 F.Supp. 285 (S.D.Fla.1970) and was reversed and remanded for a fresh decree by the Supreme Court, 401 U.S. 988 , 91 S.Ct. 1223 , 28 L.Ed.2d 526 (1971). Upon remand the single district judge entered the order here appealed adopting as his findings of fact and conclusions of law that portion of the opinion of the three-judge court concerning the Frist Amendment challenge to Board Regulation 6122. j