Mark one up for the right to free speech.
I know its hard to fathom but the Supreme Court of the US finally made a decision FOR the right to free speech and not against it.
By Susan Jones
CNSNews.com Morning Editor
June 14, 2004
(2nd Add: Includes comments by the Catholic League and Focus on the Family.)
(CNSNews.com) - It is okay for students to recite the Pledge of Allegiance in public schools. On Monday, the U.S. Supreme Court Monday dismissed the case brought by atheist Michael Newdow.
The justices decided that Newdow lacked the legal standing to challenge the constitutionality of the Pledge, apparently since he does not have custody of his daughter.
Newdow sued the Elk Grove (Calif.) Unified School District on behalf of his daughter, saying she should not be forced to invoke God's name while reciting the Pledge at school.
Two years ago, a federal appeals court in San Francisco agreed with Newdow that reciting the Pledge of Allegiance in public schools was an unconstitutional "endorsement of religion" because of the phrase "one nation under God."
Writing for the three-judge panel, Judge Alfred T. Goodwin said, "A profession that we are a nation 'under God' is identical, for Establishment Clause purposes, to a profession that we are a nation 'under Jesus,' a nation 'under Vishnu,' a nation 'under Zeus,' or a nation 'under no god,' because none of these professions can be neutral with respect to religion."
By dismissing the appeal on a technicality, the U.S. Supreme Court on Monday disappointed some Americans who hoped for a definitive ruling.
"The Supreme Court's decision to reverse the 9th Circuit and uphold our national Pledge of Allegiance complete with the phrase 'one Nation under God' is a victory for common sense," said the Center for Individual Freedom. "Nevertheless, the Court's decision to turn back the challenge to the Pledge on technical grounds is disappointing given numerous justices' consistent approval of references to our nation's shared religious heritage and history."
The Center for Individual Freedom filed a brief with the Supreme Court arguing that the words 'one Nation under God' do not violate the Establishment Clause. The group argued that the Founding Fathers did not intend for the First Amendment to discriminate against religion.
"It was designed to ensure citizens could celebrate and practice their religion freely," the group said in a press release. "The Court should have taken this opportunity to reiterate what we all know to be true -- a public mention of the word 'God' does not violate the Constitution."
The Center for Individual Freedom calls it "appropriate and symbolic" that the Supreme Court dismissed the case on Flag Day, adding, "We just wish that the Court would have been more emphatic in its pronouncement."
The American Center for Law and Justice said the Supreme Court was right to dismiss Newdow's lawsuit.
"While the court did not address the merits of the case, it is clear that the Pledge of Allegiance and the words 'under God' can continue to be recited by students across America," said Jay Sekulow, chief counsel of the ACLJ, which also filed a friend-of-the-court brief in the case.
"By dismissing this case and removing the appeals court decision, the Supreme Court has removed a dark cloud that has been hanging over one of the nation's most important and cherished traditions -- the ability of students across the nation to acknowledge the fact that our freedoms in this country come from God, not government."
Sekulow said it doesn't matter that the Supreme Court did not address the merits of the case: "The fact is the legally flawed decision of the appeals court is removed and students across America can begin the new school year in the fall by reciting the Pledge of Allegiance including the phrase 'under God.'
"The high court had several ways it could have disposed of this troubling decision and we're delighted that the suit has been dismissed and the Pledge remains intact."
"America's founders recognized that our rights, as the Declaration of Independence states, are 'endowed by the Creator.' In fact, they staked their 'lives, [their] fortunes and their sacred honor' on that truth," said John H. Whitehead, president of the Rutherford Institute.
"We had hoped that the Court would set the record straight once and for all by confirming the unequivocal affirmation of thirteen Supreme Court Justices across four decades that state-led recitation of 'under God' in the Pledge of Allegiance does not violate the Establishment Clause," he said.
"While we are pleased that this time-honored tradition can continue, The Rutherford Institute remains committed to standing in defense of the constitutionality of this practice should any future challenges arise," Whitehead said.
"It is too bad that the substantive issue of whether recitations of the Pledge in school are legal wasn't addressed. It is regrettable only because there is a concerted effort in this country, led by organizations that are openly hostile to religion, to eliminate all public vestiges of our religious heritage," said Catholic League President William Donohue.
"This movement, which is at root totalitarian, seeks to impose a radical secular agenda on all Americans. It must be stopped dead in its tracks if religious liberty is to survive," Donohue. "This is not a good day for the radical secularists. Which is why it is such a good day for everyone else."
"Yet again, a ruling of the 9th Circuit - the most overturned circuit court in the nation - has been voided," said Focus on the Family Chairman Dr. James C. Dobson.
"However, the Supreme Court does not emerge from this case the defender of America's moral and Christian heritage - in fact, it showed a lack of principle that is truly appalling," said Dobson.
"Instead of settling this question once and for all, the Court has left the nation to wonder if God's name will be found unconstitutional if another challenge is brought in a procedurally correct fashion," he said.
"By refusing to rule on the substance of the case, the Supreme Court has left the door open for additional challenges to our nation's godly foundation - one which is reflected on our currency, in our government buildings - including the Supreme Court's own chamber - and in the oaths we take," Dobson added.