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63 U. Miami L. Rev. 905 (2008-2009)
Mama Knows Best: Frazier v. Winn Says Do as You're Told

handle is hein.journals/umialr63 and id is 911 raw text is: NOTES Mama Knows Best: Frazier v. Winn Says Do as You're Told! ScoTr E. BYERS, FREDDY FUNES, AND ALLISON V. PEREZt I. INTRODUCTION ......................................................... 905 II. FIRST PERIOD: A HISTORY LESSON ..................................... 907 A. Knowing Where We Come from To Know Where We Are Going: The Statute's Language .............................................. 907 B. Learning To Avoid Mistakes from Our History: Procedural History ...... 908 1. THE DISTRICT COURT'S DECISION: THE FIRST CRACK AT THE LESSON ... 908 2. THE ELEVENTH CIRCUIT'S RESPONSE: DID ITS DOG EAT ITS HOMEWORK? .................................................... 911 3. REHEARING EN BANC DENIED: BARKETr GRADES THE ELEVENTH CIRCUIT'S DECISION- SO MUCH RED INK! ........................... 914 III. ON TO ENGLISH CLASS: To PLEDGE OR NOT To PLEDGE? .................. 916 A. Florida Copies the United States' Homework: Question of Straightforward Statutory Interpretation? .......................................... 916 B. More Involvement than Your Average PTA: Reconciling Parents' and Children's Rights ................................................ 920 1. IS THE COURT BOUND BY BARNETTE? ............................. 920 2. DO MINORS HAVE CONSTITUTIONAL RIGHTS? .......................... 924 3. DOES THE PARENTAL RIGHT TO CONTROL UPBRINGING EXTEND TO COMPEL SPEECH? ................................................ 925 a. Positive Versus Negative Right ............................. 926 b. Limited Scope of Parental Upbringing Right .................. 927 4. HOW DO MINORS' RIGHTS STACK UP IN OTHER CONTEXTS? ........... 928 C. The Age of Enlightenment: Coherency Under the Overbreadth Doctrine .. 930 1. THE OVERBREADTH DOCTRINE AND THE SUPREME COURT ................. 930 2. WHY USE OVERBREADTH IN FIRST AMENDMENT CASES? .............. 933 3. PLACING WINN IN THE OVERBREADTH CONTEXT .................... 934 D. School-Yard Brawl?: A Possible Circuit Split ........................ 939 IV . C ONCLUSION ........................................................ 94 1 I. INTRODUCTION On December 8, 2005, Cameron Frazier, a high-school student at a t J.D. candidates, 2009 University of Miami School of Law; Editors of the University of Miami Law Review. Scott E. Byers would like to thank his parents, Christine and William, and his wife, Emily. Without them none of this would have been possible. Allison V. Perez thanks her parents and brother, A.J., for their unconditional support and encouragement. She also wants to thank Christopher Ramirez, and she deeply appreciates Laura J. Tepich's comments on drafts of this paper and Laura's wonderful editing skills. The authors would like to thank the University of Miami School of Law faculty and staff and the person who makes law review fun, Farah Barquero.