FREEDOM FROM RELIGION FOUNDATION v. HANOVER SCHOOL

No. 09-2473.

626 F.3d 1 (2010)

FREEDOM FROM RELIGION FOUNDATION, et al., Plaintiffs, Appellants, v. HANOVER SCHOOL DISTRICT, et al., Defendants, Appellees.

United States Court of Appeals, First Circuit.

Decided November 12, 2010.


Attorney(s) appearing for the Case

Michael Newdow with whom Rosanna Fox , was on brief, for appellants.

Nancy J. Smith , Senior Assistant Attorney General, with whom Michael A. Delaney , Attorney General, was on brief, for appellee State of New Hampshire.

Lowell V. Sturgill, Jr. , Attorney, Civil Division, with whom Tony West , Assistant Attorney General, Thomas P. Colantuano , United States Attorney, and Robert M. Loeb , Attorney, Civil Division, were on brief, for appellee United States.

Kevin J. Hasson with whom Eric Rassbach and Luke Goodrich , were on brief, for appellees Muriel Cyrus et al.

Steven W. Fitschen , on brief, for The National Legal Foundation, amicus curiae.

Jay Alan Sekulow , Stuart J. Roth , Colby M. May , Shannon Demos , Tessa L. Dysart , and John Anthony Simmons, Sr. , on brief, for American Center for Law & Justice et al., amicus curiae.

John A. Eidsmoe , Roy S. Moore , and Benjamin D. DuPré , on brief, for Foundation for Moral Law, amicus curiae.

Jeremy D. Tedesco and David A. Cortman , on brief, for Alliance Defense Fund and Cornerstone Policy Research, amicus curiae.

Before LYNCH, Chief Judge, HOWARD and THOMPSON, Circuit Judges.


LYNCH, Chief Judge.

The question presented is whether the New Hampshire School Patriot Act, N.H.Rev.Stat. Ann. § 194:15-c ("the New Hampshire Act"), which requires that the state's public schools authorize a period during the school day for students to voluntarily participate in the recitation of the Pledge of Allegiance, violates the First or Fourteenth Amendment to the Constitution of the United States. We hold that...

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