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FRAIN v. BARON

Nos. 69-C-1250, 1347.

307 F.Supp. 27 (1969)

Mary FRAIN, a minor under the age of 21 years, by her mother, Maryalice Frain, and Susan Keller, a minor under the age of 21 years, by her mother, Caroline D. Keller, Plaintiffs, v. Harold BARON, individually and as Principal of Junior High School 217Q, and Hugh McDougall, individually and as District Superintendent of District 28, New York Board of Education, Defendants. Raymond MILLER, a minor under the age of 21, by his mother, Earline Miller, Plaintiff, v. Louis SCHUKER, individually and as Principal of Jamaica High School, Max Rubinstein, individually and as District Superintendent of District 29, New York Board of Education, and Nathan Brown, individually and as acting Superintendent of Schools for New York City, Defendants.

United States District Court E. D. New York.

December 10, 1969.

Attorney(s) appearing for the Case

Paul G. Chevigny, N. Y. Civil Liberties Union, New York City, for Susan Keller, Caroline D. Keller and Earline Miller.

Hendler & Siegel, New York City, for Mary Frain and Maryalice Frain; by Samuel I. Hendler, New York City, of counsel.

J. Lee Rankin, Corp. Counsel, New York City, for defendants; by Robert E. Hugh, Asst. Corp. Counsel, of counsel.

JUDD, District Judge.

MEMORANDUM AND ORDER

These civil rights actions are significant because they pit popular ideas of patriotism and the authority of school administrators against students' rights of free expression. The particular controversy is minor, involving the refusal of three students to leave their "homerooms" during the daily Pledge of Allegiance, as a condition for exercising their undoubted constitutional right not to participate in the Pledge...

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