In Florida, the first amendment has had a limitation on the 1st amendment upheld. What, you ask, is this limitation? After all, the Supreme Court has long ruled that if a law passes the Clear and Present Danger test, it is constitutional.
Well, not so much here. You see, this law allows schools to require students to have a permission slip to exercise their first amendment rights and not say the unconstitutional pledge of allegiance. This doesn’t just fly in the face of common sense interpretation of the 1st amendment, it flies in the face of the precedents of countless other circuit and even Supreme Court rulings.
So let me get this straight: if I lived in Florida, I would need to get permission slips for my constitutional rights? Would I need a permission slip saying I was allowed to have an attorney? Would I need a permission slip to refuse to be searched? Would I need a permission slip to receive equal protection, or to be an atheist?
I would think that if and when this case reaches the Supreme Court they will strike down this law, and that says something about the 11th circuit. When the Roberts court is to your left, then there truly is no hope for you.
(via Dispatches )