LIPP v. MORRIS

No. 77-2435.

579 F.2d 834 (1978)

Deborah LIPP, a minor, by her father, Michael Lipp, Plaintiff-Appellee, v. Harry MORRIS, Robert Lautensack, and William F. Hyland, Defendants. Appeal of William F. HYLAND.

United States Court of Appeals, Third Circuit.

Decided July 18, 1978.


Attorney(s) appearing for the Case

Constance Hepburn, East Windsor, N. J., for plaintiff-appellee.

William F. Hyland, Atty. Gen., Stephen Skillman, Asst. Atty. Gen., Mark D. Schorr, Deputy Atty. Gen., Trenton, N. J., for defendant-appellant.

James J. Plick, Rockaway, N. J., for amicus curiae.

Before ROSENN, and HUNTER, Circuit Judges, and KUNZIG, Judge.


OPINION OF THE COURT

PER CURIAM:

This case involves the constitutionality of a New Jersey statute requiring school students to stand at attention during the salute to the flag. The appeal brings before the court two questions: (1) Did the District Judge abuse his discretion in declining to abstain because the New Jersey statute involved here is clear and unambiguous, and (2) Is the statute unconstitutional because it compels an affirmation of belief or punishes...

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