CIRCLE SCHOOLS v. PAPPERT

No. 03-3285.

381 F.3d 172 (2004)

THE CIRCLE SCHOOL; James Rietmulder; Maxwell S. Mishkin, by His Parents and Next Friends Jeremy and Barbara Mishkin; Phyllis Hochberg; Project Learn, a School Community; Upattinas School and Resource Center; The School in Rose Valley; The Crefeld School v. The Honorable Gerald J. PAPPERT, Attorney General for the Commonwealth of Pennsylvania; The Honorable Vicki Phillips, Secretary of Education Designee for the Commonwealth of Pennsylvania; Jane M. Allis, Member, State Board of Private Academic Schools; Denise Biondo, Member, State Board of Private Academic Schools; Bryce Hatch, Member, State Board of Private Academic Schools; Marquita Jones, Member, State Board of Private Academic Schools; Carolyn Pasanek, Member, State Board of Private Academic Schools; Roberta L. Schomburg, Dr., Member, State Board of Private Academic Schools; Kim Smith, Member, State Board of Private Academic Schools; Ted Wachtel, Member, State Board of Private Academic Schools Vicki Phillips; Jane M. Allis; Denise Biondo; Bryce Hatch; Marquita Jones; Carolyn Pasanek; Dr. Roberta L. Schomburg; Kim Smith; Ted Wachtel, Appellants.

United States Court of Appeals, Third Circuit.

August 19, 2004.


Attorney(s) appearing for the Case

Gerald J. Pappert, Attorney General, Howard G. Hopkirk (Argued), Deputy Attorney General, Amanda L. Smith, Deputy Attorney General, Calvin R. Koons, Senior Deputy Attorney General, John G. Knorr, III, Chief Deputy Attorney General, Office of Attorney General, Appellate Litigation Section, Harrisburg, for Appellants.

Joyce S. Meyers, Michael K. Twersky (Argued), Robert P. Blood, Montgomery, McCracken, Walker & Rhoads, LLP, Philadelphia, for Appellees.

Stefan Presser, American Civil Liberties Foundation of Pennsylvania, Philadelphia, for Appellees.

Before SLOVITER and NYGAARD, Circuit Judges, and OBERDORFER, District Judge.


OPINION OF THE COURT

SLOVITER, Circuit Judge.

Pennsylvania Act 157 of 2002 ("Act 157" or the "Act"), codified as 24 P.S. § 7-771(c), mandates that all public, private, and parochial schools within the Commonwealth display the national flag in every classroom and provide for the recitation of the Pledge of Allegiance or the national anthem at the beginning of each school day. Like similar statutes in other states, Act 157 allows private and parochial...

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