SHERMAN v. COMMUNITY CONSOL. SCHOOL DIST. 21 OF WHEELING TOWNSHIP

No. 91-1684.

980 F.2d 437 (1992)

Robert Ian SHERMAN, for himself and as natural guardian for Richard Harry Sherman, a minor son, Plaintiffs-Appellants, v. COMMUNITY CONSOLIDATED SCHOOL DISTRICT 21 OF WHEELING TOWNSHIP, et al., Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided November 20, 1992.


Attorney(s) appearing for the Case

Richard Grossman (argued), Dannen, Crane, Heyman & Simon, Chicago, Ill., for plaintiffs-appellants.

Robert P. Reske (argued), Gurion & Lewis, David W. Ott, Ott & Platt, Chicago, Ill., for defendants-appellees Community Consol. School Dist. 21 of Wheeling Tp., Descarpentrie, Ferne Garrett.

Susan Frederick Rhodes, Asst. Atty. Gen., Office of Atty. Gen., Chicago, Ill., for defendant-appellee Neil F. Hartigan.

Before CUMMINGS, EASTERBROOK, and MANION, Circuit Judges.


EASTERBROOK, Circuit Judge.

"[N]o official, high or petty, can prescribe what shall be orthodox in politics, nationalism, religion, or other matters of opinion or force citizens to confess by word or act their faith therein." West Virginia State Board of Education v. Barnette, 319 U.S. 624, 642, 63 S.Ct. 1178, 1187, 87 L.Ed. 1628 (1943). A state therefore may not compel any person to recite the Pledge of Allegiance to the flag...

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