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FRAZIER EX REL. FRAZIER v. WINN

No. 06-14462.

535 F.3d 1279 (2008)

Cameron FRAZIER, through his mother and next friend, Christine FRAZIER, Plaintiff-Appellee, v. John WINN, In his official capacity as Commissioner of the Florida Department of Education, F. Phillip Handy, In his official capacity as Chairman of the Florida State Board of Education, Donna Callaway, T. Willard Fair, Roberto Martinez, Phoebe Raulerson, Linda Taylor, Kathleen Shanahan, In their official capacities as members of the Florida State Board of Education, Defendants-Appellants.

United States Court of Appeals, Eleventh Circuit.

July 23, 2008.

Attorney(s) appearing for the Case

Scott Douglas Makar, Timothy David Osterhaus, Tallahassee, FL, for Defendants-Appellants.

Randall C. Marshall, Amer. Civ. Liberties Union of Fla., Inc., Miami, FL, James K. Green, James K. Green, P.A., Gerald A. Williams, West Palm Beach, FL, for Plaintiff-Appellee.

Before EDMONDSON, Chief Judge, and HILL and ALARCÓN, Circuit Judges.

PER CURIAM:

This case involves Florida's Pledge of Allegiance statute, section 1003.44(1), Florida Statutes ("Pledge Statute"), which applies to students at all grade levels from kindergarten to twelfth grade. The statute states, in pertinent part:

The pledge of allegiance to the flag... shall be rendered by students.... The pledge of allegiance to the flag shall be recited at the beginning of the day in each public elementary, middle, and high school...

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