New Jersey Assembly Bill A2751

New Jersey 2022-2023 Regular Session

• Introduced: 2/14/22
• Refer: 2/14/22

Caption

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.