The brief also states, "The

First Amendment affords atheists complete freedom to disbelieve; it does

not compel the federal judiciary to redact religious references in patriotic

exercises in order to suit atheistic sensibilities."

The brief contends that if

the Pledge is held unconstitutional, it will have a chilling affect in

public schools regarding the teaching of historical documents like the

Declaration of Independence, the Mayflower Compact and the Gettysburg

Address as well as putting at risk the performance of choral music that

includes religious references.

The Supreme Court is expected

to hear oral arguments in the Pledge case in early 2004. The case is No.

02-1624, Elk Grove Unified School Dist. v. Newdow.

The American Center for Law

and Justice, which filed the brief, is an international public interest

law firm based in Washington, D.C.