Summary
concluding that rule requiring students to stand during the Pledge was unconstitutional
Summary of this case from Frazier v. WinnOpinion
No. 71-2177.
November 30, 1971.
Frank A. Howard, Jr., James T. Schoenbrod, Miami, Fla., for defendant-appellant.
Richard Yale Feder Arma Feder, Tobias Simon, Miami, Fla., for plaintiff-appellee.
Appeal from the United States District Court for the Southern District of Florida; Ted Cabot, Judge.
Before TUTTLE, GEWIN and DYER, Circuit Judges.
See NLRB v. Amalgamated Clothing Workers of America, 430 F.2d 966 (5th Cir. 1970).
This case originated as a three-judge case, Banks v. Board of Public Instruction of Dade County, 314 F. Supp. 285 (S.D.Fla. 1970) and was reversed and remanded for a fresh decree by the Supreme Court, 401 U.S. 988, 91 S.Ct. 1223, 28 L.Ed.2d 526 (1971). Upon remand the single district judge entered the order here appealed adopting as his findings of fact and conclusions of law that portion of the opinion of the three-judge court concerning the First Amendment challenge to Board Regulation 6122.