Authorizes recitation of Pledge of Allegiance by public body at public meeting; permits discretionary court award of certain fees and costs to public body.
Impact
The introduction of this bill would expand the statutory foundation for the recitation of the Pledge of Allegiance in public bodies, promoting a sense of national unity while safeguarding individual choice regarding participation. By establishing a framework for the recitation in settings beyond public schools, this legislation reinforces the notion of voluntary expression of patriotism among public employees and participants attending governmental meetings.
Summary
Assembly Bill A2751 aims to authorize the recitation of the Pledge of Allegiance at public body meetings in New Jersey while ensuring participation is voluntary. The bill specifies that anyone authorized by a public body can lead the pledge during meetings, but no one can be compelled to participate or recite it. This aligns with existing practices wherein students in public schools may choose not to salute the flag or recite the pledge, provided they show respect during the recitation by standing at attention.
Contention
Notably, the bill also allows courts to award attorney fees and costs to public bodies or employees who prevail in lawsuits related to the Pledge recitation. This provision seeks to discourage frivolous legal challenges against public bodies concerning their practices of reciting the Pledge, aligning with findings from various circuit courts that have upheld similar statutes. Critics might argue that while it prevents unnecessary expenditures for public bodies, it could unintentionally dissuade legitimate challenges regarding enforced patriotism and freedom of expression within governmental bodies.
A requirement for public school students to have the opportunity to recite the pledge of allegiance each morning and immunity for liability stemming from the recitation of the pledge of allegiance.
Relating to the recitation of the pledges of allegiance to and display of the United States and state flags at and the observation of a moment of silence at open-enrollment charter schools and other public schools.
Relating to recitation of the Pledge of Allegiance to the flag of the United States of America in public schools and in open-enrollment charter schools; providing exemptions.
Relating to the display of the pledge of allegiance to the United States flag and the pledge of allegiance to the Texas flag in public school classrooms.