Colorado: New Pledge Case Appealed to Supreme Court

In 2002 Frank Herbert Wonschik was convicted of possessing parts for a machine gun. He is appealing this, however, because the jury recited the Pledge of Allegiance after a patriotic speech from the judge. Lower courts have rejected the appeal but the Supreme Court could take it up.

The Monterey Herald explains:

His federal public defender, Jill Wichlens, said in court papers that judges hearing cases involving the government now have an invitation to "begin trials in their cases by having the jurors pledge their allegiance to a party to the litigation." ... "A denial in this case will be seen as a stamp of approval that there's nothing wrong with this practice," said lawyer David Porter of Sacramento. He works with the National Association of Criminal Defense Lawyers, which opposes judge-led pledges.

This lawsuit doesn't involve the phrase "under God," but if Wonshcik is successful it will be another means for arguing that the Pledge of Allegiance can be divisive and would signal that there are times when it might be inappropriate.

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