Elk Grove Unified School District v. Newdow
Encyclopedia
Newdow v. United States Congress, Elk Grove Unified School District, et al., 542 U.S. 1 (2004), was a lawsuit
originally filed in 2000 which led to a 2002 ruling by the United States Court of Appeals for the Ninth Circuit
that the words "under God
" in the Pledge of Allegiance
are an endorsement of religion
, and therefore violate the Establishment Clause of the First Amendment
to the United States Constitution
. The case was heard by the U.S. Supreme Court
, as Elk Grove Unified School District v. Newdow.
On June 14, 2004, the Supreme Court held Michael Newdow
, as a non-custodial parent
, did not have standing
to bring the suit on his daughter's behalf. The mother was previously given sole custody of the daughter. The Ninth Circuit's decision was thus reversed as a matter of procedural law.
Thus, the Court also did not consider the constitutional question raised by the case.
On January 3, 2005, a new suit was filed in the U.S. District Court for the Eastern District of California on behalf of three unnamed families. On September 14, 2005, District Court Judge Lawrence Karlton ruled in favor of Newdow. Citing the precedent of the 2002 ruling by the Ninth Circuit Court of Appeals, Judge Karlton issued an Order stating that, upon proper motion, he will enjoin the school district defendants from continuing their practices of leading children in pledging allegiance to "one Nation under God." The case was later appealed to the Ninth Circuit under Newdow v. Carey
and has received a judgment.
, a Sacramento, California
attorney and emergency medicine
physician
, filed suit in March 2000 against the Elk Grove Unified School District
. Mr. Newdow sued for his daughter, who was enrolled in the Elk Grove public schools, as "next friend." He said the words "under God" in the Pledge of Allegiance amounted to an unconstitutional establishment of religion and that, as such, the daily recitation of the Pledge with the offending words interfered with his right to inculcate his daughter with his religious beliefs.
U.S. Magistrate Judge Peter A. Nowinski found the Pledge was constitutional. The District Court accepted the magistrate's finding and dismissed the case on June 21, 2000. Mr. Newdow then appealed.
In reviewing the case, the Court applied the Lemon test, the Endorsement Test
, and the Coercion Test. In doing so, the Court concluded recitation of the Pledge with the words "under God" included violated the Establishment Clause.
In Judge Fernandez's partial dissent, he asserts that the religious content of the 'under God' addition is so small that it is de minimis
- so trivial as to be properly beneath judicial notice.
Public and Congressional reaction to the Ninth Circuit's decision was decidedly negative. About 150 Members of Congress
stood on the front steps of the Capitol and recited the Pledge including the words under God; and the Senate
passed a non-binding resolution
(S. 2690) affirming the presence of under God by a unanimous vote (99, with one Senator
absent).
who believes in God and has no objection either to reciting or hearing others recite the Pledge of Allegiance, or to its reference to God. Banning expressed the belief that her daughter would be harmed if the litigation were permitted to proceed, because others might incorrectly perceive the child as sharing her father's atheist
views. Banning accordingly concluded, as her daughter's sole legal custodian, that it was not in the child's interest
to be a party
to Newdow's lawsuit.
The Court's second published opinion noted that Newdow no longer claimed to represent his daughter, but the judges unanimously concluded that Banning's sole legal custody of the child did not deprive Newdow, as a noncustodial parent, of Article Three
standing to object to unconstitutional government action affecting his child. The court further held that under California law Newdow retained the right to expose his child to his particular religious views even if those views contradicted the mother's, and that Banning's objections as sole legal custodian did not defeat Newdow's right to seek redress for an alleged injury to his own parental interests.
review. This was denied and an amended order and opinion was issued in February, 2003. The amended opinion omitted the initial opinion's discussion of Newdow's standing to challenge the 1954 Act and declined to determine whether Newdow was entitled to declaratory relief regarding the constitutionality of that Act.
On September 11, 2003, Newdow was awarded partial custody of his daughter, including joint legal custody.
agreed to hear the case to consider two questions: (1) whether Newdow had standing
as a noncustodial parent to challenge the School District's policy on recitation of the Pledge, and (2) if so, whether the policy offends the First Amendment.
Justice Antonin Scalia
recused himself from the case after a request by Newdow that cited Scalia's disapproval of the Ninth Circuit decision in a public speech. According to Scalia, many lower courts often misinterpret the Establishment Clause, extending its proscription of religiosity in the public sphere.
On June 14, 2004, in an opinion written by Justice John Paul Stevens
, five of the remaining eight justices - Stevens, Anthony Kennedy
, Stephen Breyer
, David Souter
, and Ruth Bader Ginsburg
- found Michael Newdow lacked standing
to bring the case as "next friend" to his daughter, because Sandra Banning had sole legal custody of the child at the time - including exclusive authority over the girl's education. The majority also found that Michael Newdow lacked prudential standing
to bring the case on behalf of himself due to the custody arrangement. This resulted in reversal of the Ninth Circuit's decision as a matter of procedural law.
The other three justices concurred in the judgment reversing the Ninth Circuit, but dissented on the issue of standing. They found Michael Newdow did have standing to bring the suit. Thus, they proceeded to examine the constitutional question, and in doing so they found it did not offend the Constitution. Chief Justice William Rehnquist
wrote an opinion in which the other two joined in part; and both justice Sandra Day O'Connor
and Justice Clarence Thomas
wrote their own separate opinions.
Rehnquist's opinion asserts the term "under God" does not endorse or establish religion but it actually asserts that the term merely acknowledges the nation's religious heritage, in particular the role of religion for the Founding Fathers of the United States
. Thus, according to the opinion, the Pledge is a secular act rather than an act of indoctrination in religion or expression of religious devotion.
Justice Thomas, by contrast, asserts that finding the Pledge unconstitutional is an unjustifiable expansion of the meaning of "coercion" as that term is used in legal precedent: to prohibit compelling students in a "fair and real sense" by "subtle and indirect public and peer pressure" (see, Lee v. Weisman
, 505 U.S. 577 (1992)) to be prayerful, as well as prohibiting actual coercion by force of law and threat of penalty. Further, he argues that the Establishment Clause ought not be considered a right that attaches to individuals pursuant to the Incorporation Doctrine
, because he believes the clause only prohibits interference by the federal government in the right of individual states to establish their own official religions - notwithstanding current majority opinion on the question is against states having such a right, as a result of the Incorporation Doctrine.
Lawsuit
A lawsuit or "suit in law" is a civil action brought in a court of law in which a plaintiff, a party who claims to have incurred loss as a result of a defendant's actions, demands a legal or equitable remedy. The defendant is required to respond to the plaintiff's complaint...
originally filed in 2000 which led to a 2002 ruling by the United States Court of Appeals for the Ninth Circuit
United States Court of Appeals for the Ninth Circuit
The United States Court of Appeals for the Ninth Circuit is a U.S. federal court with appellate jurisdiction over the district courts in the following districts:* District of Alaska* District of Arizona...
that the words "under God
God
God is the English name given to a singular being in theistic and deistic religions who is either the sole deity in monotheism, or a single deity in polytheism....
" in the Pledge of Allegiance
Pledge of Allegiance
The Pledge of Allegiance of the United States is an expression of loyalty to the federal flag and the republic of the United States of America, originally composed by Christian Socialist Francis Bellamy in 1892 and formally adopted by Congress as the pledge in 1942...
are an endorsement of religion
Religion
Religion is a collection of cultural systems, belief systems, and worldviews that establishes symbols that relate humanity to spirituality and, sometimes, to moral values. Many religions have narratives, symbols, traditions and sacred histories that are intended to give meaning to life or to...
, and therefore violate the Establishment Clause of the First Amendment
First Amendment to the United States Constitution
The First Amendment to the United States Constitution is part of the Bill of Rights. The amendment prohibits the making of any law respecting an establishment of religion, impeding the free exercise of religion, abridging the freedom of speech, infringing on the freedom of the press, interfering...
to the United States Constitution
United States Constitution
The Constitution of the United States is the supreme law of the United States of America. It is the framework for the organization of the United States government and for the relationship of the federal government with the states, citizens, and all people within the United States.The first three...
. The case was heard by the U.S. Supreme Court
Supreme Court of the United States
The Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...
, as Elk Grove Unified School District v. Newdow.
On June 14, 2004, the Supreme Court held Michael Newdow
Michael Newdow
Michael Arthur Newdow is an American attorney and emergency medicine physician. He is best known for his efforts to have recitations of the current version of the Pledge of Allegiance in public schools in the United States declared unconstitutional because of its inclusion of the phrase "under God"...
, as a non-custodial parent
Child custody
Child custody and guardianship are legal terms which are used to describe the legal and practical relationship between a parent and his or her child, such as the right of the parent to make decisions for the child, and the parent's duty to care for the child.Following ratification of the United...
, did not have standing
Standing (law)
In law, standing or locus standi is the term for the ability of a party to demonstrate to the court sufficient connection to and harm from the law or action challenged to support that party's participation in the case...
to bring the suit on his daughter's behalf. The mother was previously given sole custody of the daughter. The Ninth Circuit's decision was thus reversed as a matter of procedural law.
Thus, the Court also did not consider the constitutional question raised by the case.
On January 3, 2005, a new suit was filed in the U.S. District Court for the Eastern District of California on behalf of three unnamed families. On September 14, 2005, District Court Judge Lawrence Karlton ruled in favor of Newdow. Citing the precedent of the 2002 ruling by the Ninth Circuit Court of Appeals, Judge Karlton issued an Order stating that, upon proper motion, he will enjoin the school district defendants from continuing their practices of leading children in pledging allegiance to "one Nation under God." The case was later appealed to the Ninth Circuit under Newdow v. Carey
Newdow v. Carey
Newdow v. Rio Linda Union School District , Nos. 05-17257, 05-17344, and 06-15093, was a United States Court of Appeals for the Ninth Circuit decision that upheld the constitutionality of the teacher-led recitation of the Pledge of Allegiance by students in public schools...
and has received a judgment.
U.S. District Court Case
Michael NewdowMichael Newdow
Michael Arthur Newdow is an American attorney and emergency medicine physician. He is best known for his efforts to have recitations of the current version of the Pledge of Allegiance in public schools in the United States declared unconstitutional because of its inclusion of the phrase "under God"...
, a Sacramento, California
Sacramento, California
Sacramento is the capital city of the U.S. state of California and the county seat of Sacramento County. It is located at the confluence of the Sacramento River and the American River in the northern portion of California's expansive Central Valley. With a population of 466,488 at the 2010 census,...
attorney and emergency medicine
Emergency medicine
Emergency medicine is a medical specialty in which physicians care for patients with acute illnesses or injuries which require immediate medical attention. While not usually providing long-term or continuing care, emergency medicine physicians diagnose a variety of illnesses and undertake acute...
physician
Physician
A physician is a health care provider who practices the profession of medicine, which is concerned with promoting, maintaining or restoring human health through the study, diagnosis, and treatment of disease, injury and other physical and mental impairments...
, filed suit in March 2000 against the Elk Grove Unified School District
Elk Grove Unified School District
The Elk Grove Unified School District is a school district in southern Sacramento County, California, U.S.A.The Elk Grove Unified School District is the fifth largest school district in California and the largest in Northern California....
. Mr. Newdow sued for his daughter, who was enrolled in the Elk Grove public schools, as "next friend." He said the words "under God" in the Pledge of Allegiance amounted to an unconstitutional establishment of religion and that, as such, the daily recitation of the Pledge with the offending words interfered with his right to inculcate his daughter with his religious beliefs.
U.S. Magistrate Judge Peter A. Nowinski found the Pledge was constitutional. The District Court accepted the magistrate's finding and dismissed the case on June 21, 2000. Mr. Newdow then appealed.
U.S. Court of Appeals, Ninth Circuit
The Ninth Circuit court issued three opinions in the case, as outlined below.Newdow I - June 26, 2002
A three-judge panel of the Court unanimously found Mr. Newdow had standing as a parent to challenge a practice that interferes with his right to direct the religious education of his daughter. On the merits of the case, the Court reversed the trial court decision on a 2 to 1 vote, on June 26, 2002. The majority opinion was written by Judge Alfred T. Goodwin with a partial concurrence and partial dissent written by Judge Ferdinand F. Fernandez.In reviewing the case, the Court applied the Lemon test, the Endorsement Test
Endorsement test
The endorsement test proposed by United States Supreme Court Justice Sandra Day O'Connor in the 1984 case of Lynch v. Donnelly asks whether a particular government action amounts to an endorsement of religion, thus violating the Establishment Clause of the First Amendment...
, and the Coercion Test. In doing so, the Court concluded recitation of the Pledge with the words "under God" included violated the Establishment Clause.
In Judge Fernandez's partial dissent, he asserts that the religious content of the 'under God' addition is so small that it is de minimis
De minimis
De minimis is a Latin expression meaning about minimal things, normally in the locutions de minimis non curat praetor or de minimis non curat lex .In risk assessment it refers to a level of risk that is too small to be concerned with...
- so trivial as to be properly beneath judicial notice.
Public and Congressional reaction to the Ninth Circuit's decision was decidedly negative. About 150 Members of Congress
United States House of Representatives
The United States House of Representatives is one of the two Houses of the United States Congress, the bicameral legislature which also includes the Senate.The composition and powers of the House are established in Article One of the Constitution...
stood on the front steps of the Capitol and recited the Pledge including the words under God; and the Senate
United States Senate
The United States Senate is the upper house of the bicameral legislature of the United States, and together with the United States House of Representatives comprises the United States Congress. The composition and powers of the Senate are established in Article One of the U.S. Constitution. Each...
passed a non-binding resolution
Non-binding resolution
A non-binding resolution is a written motion adopted by a deliberative body that cannot progress into a law. The substance of the resolution can be anything that can normally be proposed as a motion....
(S. 2690) affirming the presence of under God by a unanimous vote (99, with one Senator
Jesse Helms
Jesse Alexander Helms, Jr. was a five-term Republican United States Senator from North Carolina who served as chairman of the Senate Foreign Relations Committee from 1995 to 2001...
absent).
Newdow II - December 4, 2002
After the June opinion was issued, Sandra Banning - the mother of the child in question (Newdow and Banning were not married) filed a motion to intervene or, alternatively, to dismiss Newdow's complaint. She declared that although she and Newdow shared actual custody of their daughter, a California court order granted her exclusive legal custody of the child, including the sole right to represent her legal interests and make all decision[s] about her education and welfare. Banning further stated that her daughter is a ChristianChristian
A Christian is a person who adheres to Christianity, an Abrahamic, monotheistic religion based on the life and teachings of Jesus of Nazareth as recorded in the Canonical gospels and the letters of the New Testament...
who believes in God and has no objection either to reciting or hearing others recite the Pledge of Allegiance, or to its reference to God. Banning expressed the belief that her daughter would be harmed if the litigation were permitted to proceed, because others might incorrectly perceive the child as sharing her father's atheist
Atheism
Atheism is, in a broad sense, the rejection of belief in the existence of deities. In a narrower sense, atheism is specifically the position that there are no deities...
views. Banning accordingly concluded, as her daughter's sole legal custodian, that it was not in the child's interest
Best interests
Best interests or best interests of the child is the doctrine used by most courts to determine a wide range of issues relating to the well-being of children. The most important of these issues concern questions that arise upon the divorce or separation of the children's parents...
to be a party
Party (law)
A party is a person or group of persons that compose a single entity which can be identified as one for the purposes of the law. Parties include: plaintiff , defendant , petitioner , respondent , cross-complainant A party is a person or group of persons that compose a single entity which can be...
to Newdow's lawsuit.
The Court's second published opinion noted that Newdow no longer claimed to represent his daughter, but the judges unanimously concluded that Banning's sole legal custody of the child did not deprive Newdow, as a noncustodial parent, of Article Three
Article Three of the United States Constitution
Article Three of the United States Constitution establishes the judicial branch of the federal government. The judicial branch comprises the Supreme Court of the United States and lower courts as created by Congress.-Section 1: Federal courts:...
standing to object to unconstitutional government action affecting his child. The court further held that under California law Newdow retained the right to expose his child to his particular religious views even if those views contradicted the mother's, and that Banning's objections as sole legal custodian did not defeat Newdow's right to seek redress for an alleged injury to his own parental interests.
Newdow III - February 28, 2003
Defendants sought en bancEn banc
En banc, in banc, in banco or in bank is a French term used to refer to the hearing of a legal case where all judges of a court will hear the case , rather than a panel of them. It is often used for unusually complex cases or cases considered to be of greater importance...
review. This was denied and an amended order and opinion was issued in February, 2003. The amended opinion omitted the initial opinion's discussion of Newdow's standing to challenge the 1954 Act and declined to determine whether Newdow was entitled to declaratory relief regarding the constitutionality of that Act.
On September 11, 2003, Newdow was awarded partial custody of his daughter, including joint legal custody.
Quotations and legal detail
From the 9th circuit hearing:- Decided - the 1954 insertion of "under God" was made "to recognize a Supreme Being" and advance religion at a time "when the government was publicly inveighing against atheistic communism"—a fact which (according to the court) the federal government did not dispute. The court also noted that when President Dwight D. EisenhowerDwight D. EisenhowerDwight David "Ike" Eisenhower was the 34th President of the United States, from 1953 until 1961. He was a five-star general in the United States Army...
signed the act which added the phrase "under God," he also announced "From this day forward, the millions of our school children will daily proclaim in every city and town, every village and rural schoolhouse, the dedication of our Nation and our people to the Almighty." - Judge Alfred Goodwin from the 9th Circuit remarked: "A profession that we are a nation 'under God' is identical, for Establishment Clause purposes, to a profession that we are a nation 'under JesusJesusJesus of Nazareth , commonly referred to as Jesus Christ or simply as Jesus or Christ, is the central figure of Christianity...
,' a nation 'under VishnuVishnuVishnu is the Supreme god in the Vaishnavite tradition of Hinduism. Smarta followers of Adi Shankara, among others, venerate Vishnu as one of the five primary forms of God....
,' a nation 'under ZeusZeusIn the ancient Greek religion, Zeus was the "Father of Gods and men" who ruled the Olympians of Mount Olympus as a father ruled the family. He was the god of sky and thunder in Greek mythology. His Roman counterpart is Jupiter and his Etruscan counterpart is Tinia.Zeus was the child of Cronus...
,' or a nation 'under no god,' because none of these professions can be neutral with respect to religion."
U.S. Supreme Court
On March 24, 2004 the Supreme Court of the United StatesSupreme Court of the United States
The Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...
agreed to hear the case to consider two questions: (1) whether Newdow had standing
Standing (law)
In law, standing or locus standi is the term for the ability of a party to demonstrate to the court sufficient connection to and harm from the law or action challenged to support that party's participation in the case...
as a noncustodial parent to challenge the School District's policy on recitation of the Pledge, and (2) if so, whether the policy offends the First Amendment.
Justice Antonin Scalia
Antonin Scalia
Antonin Gregory Scalia is an American jurist who serves as an Associate Justice of the Supreme Court of the United States. As the longest-serving justice on the Court, Scalia is the Senior Associate Justice...
recused himself from the case after a request by Newdow that cited Scalia's disapproval of the Ninth Circuit decision in a public speech. According to Scalia, many lower courts often misinterpret the Establishment Clause, extending its proscription of religiosity in the public sphere.
On June 14, 2004, in an opinion written by Justice John Paul Stevens
John Paul Stevens
John Paul Stevens served as an Associate Justice of the Supreme Court of the United States from December 19, 1975 until his retirement on June 29, 2010. At the time of his retirement, he was the oldest member of the Court and the third-longest serving justice in the Court's history...
, five of the remaining eight justices - Stevens, Anthony Kennedy
Anthony Kennedy
Anthony McLeod Kennedy is an Associate Justice of the United States Supreme Court, having been appointed by President Ronald Reagan in 1988. Since the retirement of Sandra Day O'Connor, Kennedy has often been the swing vote on many of the Court's politically charged 5–4 decisions...
, Stephen Breyer
Stephen Breyer
Stephen Gerald Breyer is an Associate Justice of the U.S. Supreme Court. Appointed by President Bill Clinton in 1994, and known for his pragmatic approach to constitutional law, Breyer is generally associated with the more liberal side of the Court....
, David Souter
David Souter
David Hackett Souter is a former Associate Justice of the Supreme Court of the United States. He served from 1990 until his retirement on June 29, 2009. Appointed by President George H. W. Bush to fill the seat vacated by William J...
, and Ruth Bader Ginsburg
Ruth Bader Ginsburg
Ruth Joan Bader Ginsburg is an Associate Justice of the Supreme Court of the United States. Ginsburg was appointed by President Bill Clinton and took the oath of office on August 10, 1993. She is the second female justice and the first Jewish female justice.She is generally viewed as belonging to...
- found Michael Newdow lacked standing
Standing (law)
In law, standing or locus standi is the term for the ability of a party to demonstrate to the court sufficient connection to and harm from the law or action challenged to support that party's participation in the case...
to bring the case as "next friend" to his daughter, because Sandra Banning had sole legal custody of the child at the time - including exclusive authority over the girl's education. The majority also found that Michael Newdow lacked prudential standing
Standing (law)
In law, standing or locus standi is the term for the ability of a party to demonstrate to the court sufficient connection to and harm from the law or action challenged to support that party's participation in the case...
to bring the case on behalf of himself due to the custody arrangement. This resulted in reversal of the Ninth Circuit's decision as a matter of procedural law.
The other three justices concurred in the judgment reversing the Ninth Circuit, but dissented on the issue of standing. They found Michael Newdow did have standing to bring the suit. Thus, they proceeded to examine the constitutional question, and in doing so they found it did not offend the Constitution. Chief Justice William Rehnquist
William Rehnquist
William Hubbs Rehnquist was an American lawyer, jurist, and political figure who served as an Associate Justice on the Supreme Court of the United States and later as the 16th Chief Justice of the United States...
wrote an opinion in which the other two joined in part; and both justice Sandra Day O'Connor
Sandra Day O'Connor
Sandra Day O'Connor is an American jurist who was the first female member of the Supreme Court of the United States. She served as an Associate Justice from 1981 until her retirement from the Court in 2006. O'Connor was appointed by President Ronald Reagan in 1981...
and Justice Clarence Thomas
Clarence Thomas
Clarence Thomas is an Associate Justice of the Supreme Court of the United States. Succeeding Thurgood Marshall, Thomas is the second African American to serve on the Court....
wrote their own separate opinions.
Rehnquist's opinion asserts the term "under God" does not endorse or establish religion but it actually asserts that the term merely acknowledges the nation's religious heritage, in particular the role of religion for the Founding Fathers of the United States
Founding Fathers of the United States
The Founding Fathers of the United States of America were political leaders and statesmen who participated in the American Revolution by signing the United States Declaration of Independence, taking part in the American Revolutionary War, establishing the United States Constitution, or by some...
. Thus, according to the opinion, the Pledge is a secular act rather than an act of indoctrination in religion or expression of religious devotion.
Justice Thomas, by contrast, asserts that finding the Pledge unconstitutional is an unjustifiable expansion of the meaning of "coercion" as that term is used in legal precedent: to prohibit compelling students in a "fair and real sense" by "subtle and indirect public and peer pressure" (see, Lee v. Weisman
Lee v. Weisman
Lee v. Weisman, 505 U.S. 577 , was a United States Supreme Court decision regarding school prayer. It was the first major school prayer case decided by the Rehnquist Court. It involved prayers led by religious authority figures at public school graduation ceremonies...
, 505 U.S. 577 (1992)) to be prayerful, as well as prohibiting actual coercion by force of law and threat of penalty. Further, he argues that the Establishment Clause ought not be considered a right that attaches to individuals pursuant to the Incorporation Doctrine
Incorporation (Bill of Rights)
The incorporation of the Bill of Rights is the process by which American courts have applied portions of the U.S. Bill of Rights to the states. Prior to the 1890s, the Bill of Rights was held only to apply to the federal government...
, because he believes the clause only prohibits interference by the federal government in the right of individual states to establish their own official religions - notwithstanding current majority opinion on the question is against states having such a right, as a result of the Incorporation Doctrine.
See also
- List of United States Supreme Court cases, volume 542
- List of United States Supreme Court cases
- Religious Heritage of AmericaReligious Heritage of AmericaThe Religious Heritage of America Foundation was founded by W. Clement Stone as a national interfaith organization in the U.S. It was instrumental in getting the phrase, "one nation, under God", added to the US Pledge of Allegiance....
- West Virginia State Board of Education v. BarnetteWest Virginia State Board of Education v. BarnetteWest Virginia State Board of Education v. Barnette, 319 U.S. 624 , is a decision by the Supreme Court of the United States that held that the Free Speech Clause of the First Amendment to the United States Constitution protected students from being forced to salute the American flag and say the...
External links
- Oral Argument
- RestoreThePledge.com (Mike Newdow's web site)
- Ninth Circuit decision