# Andrew Robert Banks v. Board of Public Instruction of Dade County

> Court of Appeals for the Fifth Circuit · November 30, 1971 · 450 F.2d 1103

URL: https://www.frixlaw.com/law-library/cases/299930

## Case

- **Full name:** Andrew Robert BANKS, Plaintiff-Appellee, v. BOARD OF PUBLIC INSTRUCTION OF DADE COUNTY, Defendant-Appellant
- **Court:** Court of Appeals for the Fifth Circuit
- **Decided:** November 30, 1971
- **Citations:** 450 F.2d 1103; 1971 U.S. App. LEXIS 6862
- **Precedential status:** Published
- **Opinion:** Opinion
- **Judges:** Tuttle, Gewin, Dyer
- **Cited by:** 22 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/299930

## How later opinions describe it (automated extraction)

- 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

## Opinion text

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

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/299930. Public record. Not legal advice.