Teacher Cannot Be Sued For Denying Creationism
gzipped_tar writes "A federal appeals court ruled on Friday that a public high school teacher in Mission Viejo, California may not be sued for making hostile remarks about religion in his classroom. The decision stems from a lawsuit filed by a student charging that the teacher's hostile remarks about creationism and religious faith violated a First Amendment mandate that the government remain neutral in matters of religion. A three-judge panel of the 9th US Circuit Court of Appeals ruled unanimously that the lawsuit must be thrown out of court because the teacher was entitled to immunity."
So if a teacher came out in favor of creationism, a radical form, let's say one that proclaimed blacks, asians, and all other non-whites as descendants of evil evil Cain, would it be possible to sue that teacher?
Clearly and obviously Adam and Eve never existed and this should be taught to any young person as truth is always preferable to falsehoods, but what about someone promoting a falsehood?
Hoist Number One and Number Six.
That pesky Constitution really mucks up frivolous litigation sometimes
TFA includes a shortened transcript of the teacher's comments, and it doesn't sound to me like he was criticizing religion per se. Rather, he was criticizing attempts by people to pose religion as science (such as intelligent design), by saying that the "logic" used to argue in favor of creationism is fundamentally flawed and nonscientific. And especially if intelligent design advocates continue to insist that their ideas be taught as science in a science classroom, then such criticisms should certainly be fair game in science classrooms.
At least from the transcript, it didn't seem like he was directly criticizing those who nevertheless believe in a creator as a matter of faith and not of science.
I am a lawyer, and about a third of my cases are representing state employees, and about a third of those involve cases with a "clearly established" defense, though I practice mostly in the Fourth Circuit, not the Ninth.
The "clearly established" standard is a way for courts to keep these kinds of suits from dinging innocent state employees. Basically, not only does the employee have to violate someone's right, but it has to have been pretty much unreasonable for the employee to think ze wasn't violating that right. Here, in fact, the panel didn't even hold that the kid had a right not to have this stuff said to him. So this case won't be precedent for future cases to reach back and say, "Well, as of the time the Corbett opinion was issued, the right not to have a teacher make fun of your religious beliefs was clearly established."
There are several other possible doctrines for protecting an employee in such a situation, and they're all salutary.
Seems to me, from the brief notes in TFA, that the judge suggested it was ok to say that creationists were completely failing to follow scientific principles in claiming their position was correct. The teacher didn't directly attack religion, just the absurd methodology of the religious folks in this case.
https://app.box.com/WitthoftResume Code: https://github.com/cellocgw
If you have to ask the question then you don't understand the real issue.
Religious belief is 100% completely unprovable and relies on "faith" and good feelings as confirmation instead of tests and observation. (I would be wrong but is there a "god test" that can be performed to prove the existence?)
Religious people see this as "two sides opposing" because "everyone believes in something." That is also ridiculous. People who want to know and understand seek to learn by evidence, testing and experimentation. Religion offers none of this. In the end, religion fosters an end of knowledge in favor of belief. If there are two opposing sides of the issue, it is "persuit of knowledge" vs "belief." But no one on the religious side wants to admit that is the truth.
Indeed. Here's the transcript for reference for people who didn't RTFA:
He gets bonus points from me for including the Giant Flying Spaghetti Monster.
So is creationism science, or is it religion?
I thought that creationists argued that their ideas were "scientific" or was that the intelligent designers?
Anyway, either it's a religion, the basis for the creationists' case here, and would therefore have no place in a proper education system to begin with,
or creationism is a science, giving it a place in the education system but allowing teacher to have & express a negative opinion about it.
This seems the kind of circular reasoning we've come to expect from creationists and intteligent design proponents, in yet another interesting new form.
Why is it that teaching against religion is protected speech, but if the teacher were to favor religion then that is not protected?
It is an interesting question. If you look at the transcript, you will see that what was said did stay within the bounds of science, in that there was no statement that there was no God; just that there is no scientific proof of creationism and that the methodology of creationists does not meet scientific standards. He then continued to talk about the history of the dispute about teaching creationism in schools.
What is bizarre is that this is exactly what the creationists want - to teach the controversy. The trouble is that if you start asking scientifically minded people to do this then you are bound to end up with them teaching the flaws in creationism.
The belief the teacher ridiculed isn't the belief in creationism, but the belief that creationism is science. The teacher made no comment on the value of faith whatsoever, only that creationism is faith, not science. Complete with an explanation of what that means. Creationists look for proof that creationism is true, and scientists look for proof that evolution ISN'T. If a student expressed outrage at the teaching of rainfall because it contradicts the teaching of their church, would it be equally wrong to explain that "the rain is God's tears" isn't scientific? How should the teacher proceed if a student objects to teaching science? Clearly you oppose explaining how faith and fact are different, so what do you do? Ignore the student? Cancel class on account of faith? Or what? How do you handle it, if you aren't allowed to address it?
ASCII stupid question, get a stupid ANSI
As long as it's factually based....
Which might make the lecture a little shorter.
There are two types of people in the world: Those who crave closure
The teacher wasn't making fun of the student, the teacher was explaining how creationism fails as a science.
WARNING! This girl exceeds the MAXIMUM SAFE standards established by the FDA for BRATTINESS
The science teachers should bash religion all the want. Send your kids to church to learn mythology; or allow the humanities teachers to discuss religions equally.
The constitution is against promotion of a religion -- NO pushing of religion. period. Keep religion out of government is the whole point. (remember, the king of England was heavily connected to religion...) Somebody making comments against any of the many idiocies of our primitive ancient (older than mid-evil) beliefs is not violating this at all! Heresy could be a crime if if it wasn't for the prohibition of religion in government. Heresy includes a lot of science, logic, philosophy etc.
Furthermore, my point is that government can bash all religion equally without promoting any single one of them; some could argue that the banning of religion is possible to a degree but I'm not going there (human sacrifices and many other religious practices are illegal and its constitutional.) Non-religion is not a religion. So you are not promoting 1 religion over the others if you are "attacking" them all fairly.
"FREE PRESS" but we tax them... That severely limits the press of today where the real news comes from papers who are going broke. Religions, they don't get taxed yet they get less empowerment in the constitution than the press does.
Democracy Now! - uncensored, anti-establishment news
You can teach science without attacking religion.
That only works if religion doesn't actively attack science. Religious organisations have attempted to prevent evolution being taught because it conflicts with a story written 2000 years ago. When they couldn't stop it, they tried to start teaching their stories as facts in schools. When Creationism was rejected, they cynically made up a "science" so that they could force that into schools.
Intelligent Design is a very anti-science topic. By definition it cannot prove any of its claims, so it uses negative arguments attacking evolution. It claims that some things cannot be explained by science, so therefore ID is right. It claims that missing links prove evolution is wrong (and if a missing link is found, then they just move the goalposts and find another missing link).
It claims that some organisms (or parts of them - eg eyes) are so complicated that they couldn't possibly evolve, despite scientists being able to show fossil evidence of precursors to those organisms.
And finally, I didn't see anything attacking religion in the transcript so this whole argument is moot.
He should focus less on "being right" and more on serving his students.
The best way to serve his students would be to teach them. Why should stop doing that just because they come to class with pre-conceived ideas.
The teacher is acting on the behalf of a government that is prohibited from endorsing or forbidding religion of any kind.
So basically what we have here is the schools mandating teachers only teach the official State religion.
You have a sad, strange definition of religion, my friend.
Faith is belief without evidence. Religion is based on faith. Religion can't answer the great questions about life, the universe, and everything, because religion is indistinguishable from making shit up.
Evolution is an area of scientific study, with much experimental support. Next to gravity, it is the best-supported theory in science. And, it is understood to a greater degree than gravity.
The teaching of evolution is not the teaching of religion, but the teaching of science. Attempting to conflate the two is just plain silly. Any argument based on the conflation of the two (such as your weird rant about "Political correctness," which is just code for, "I want to be racist/sexist/homophobic without feeling guilty") is therefore unsupported, and quite likely just plain wrong.
Microsoft is to software what Budweiser is to beer.
The problem is that a scientific theory can only be displaced by another scientific theory. Creationism has been demonstrated to make no testable predictions. Therefore, it's not a scientific proposition.
And after a theory has been proven correct as often and as firmly as evolution, it becomes more and more likely it is the correct proposition.
More tellingly, though, is the reason people propose creationism. It's almost invariably because of their religious belief. That's not a good reason to challenge the validity of evolution. In fact, it's the stupidest reason there is.
Microsoft is to software what Budweiser is to beer.
And when science doesn't know the answer that is what science says: we don't know.
When religion doesn't know what the answer is it just makes stuff up. Then the truly faithful sticks to this made up stuff no matter what the evidence. Occasionally when there is overwhelming evidence religious views are modified, but it is a slow painful process.
Science does a better job of answering the big questions because it is seeking the truth, not making up its mind a priori. The scientific method is the best method we have for seeking true answers to questions about the actual universe as it really is, not how we wish it was. Religion is not as good at answering any question about the actual, real universe, because its conjectures are just stories made up by men who were woefully uneducated by our current standards. Science constantly seeks to test its theories, broaden its knowledge, and is quite happy to admit when it was wrong or partially right. Religion has none of these desirable features.
Anarchists never rule
Johny, probably the son of somebody in the hate group AFA, was upset because the teacher didn't agree with his mommy and daddy so tax payers had to throw a bunch of money away in courts to make Johny feel good? Are spoiled evangelical kids so important we have to pay for their tantrums?
Yes, apparently the kid was so spoiled that his classmates called him "princess".
Here is a quote about the case from the defendant himself back in February ( http://sensuouscurmudgeon.wordpress.com/2011/02/12/james-corbett-case-update-12-feb-%E2%80%9811/ )
I’m Dr. Corbett. One thing readers should understand is that when my school-provided attorney made the decision to ask a judge rather than a judge decide the case, the law required that all the “facts” be considered in the light most favorable to the plaintiff (Chad). That meant that we could not challenge the validity of the recordings, which were heavily edited. It meant that we could not point out how each and every comment clearly related to the curriculum. I might add, Chad’s recording were in violation of California law.
This case was never about religion. It was about a whiny little boy who admitted he didn’t do his homework and who’s helicopter parents intervened so often in school and on the water polo team that other students called him “princess.” Neither Chad, his parents nor his lawyers, the so called “Advocates for Faith and Freedom,” ever made an attempt to even talk to me or attempt to resolve the issues prior to filing a lawsuit. It is my opinion that the “Advocates” were far more interested in having a case they could use for fundraising than they were in dealing with the issues. They are a textbook example of exactly what I commented on in class, that some people use the faith of others to line their pockets with gold or to gain political power. I believe such use of religion is vastly more offensive than calling Biblical creation “superstitious, religious nonsense,” which is obviously true.”
Just because the U.S. is a republic does not mean it is not a democracy. Democracy/republic are not mutually exclusive.
This is a logical fallacy. To consider the argument, you have to presume that there is a God capable of building a human being from dust, which God also created first. The argument that God must have made Eve to be a clone assumes that God didn't create something new in the process, which is kind of contrary to the assumption of a Creator.
Certainly, if the God described in the creation story exists as described, then creating whole genomes from scratch is pretty much old hat by the time Eve is created. To say that they "must" be clones would be an odd assumption, particularly given the rest of the story. Further, the story details the creation of the first man and woman but at no point is it stated that they were the only humans he created. Some people believe that, perhaps many, but it simply isn't in the traditional story, and interestingly when their sons head out into the world, they meet up with other people, with admittedly could have been the product of incest and lives long enough to consider a couple of centuries to be middle aged, but more reasonably could be taken as more humans created whose creation stories aren't recorded.
Ancestry is very important to many prophesies and was very important to the religion of the Jews at the time of Jesus Christ. Adam and Eve provide a traceable lineage from God's hand and plan all the way to Jesus Christ, but it doesn't exclude the possibility that there were many other people created along the way. Genetics studies actually make the case that all living human beings share the heritage of no more than a few thousand individuals. (Look up the Toba event.)
None of this proves that God created Adam and Eve first or that the story is true at all, none of it proves that God did anything or that God exists. If you prefer another explanation of the facts, that's certainly something that (IMHO) society should protect as a liberty. I'm absolutely in favour of presenting logical reasons for what you believe, regardless of whether they happen to agree with my own or not. The only reason I'm responding to the parent is to point out that saying "God must have created a clone" is misleadingly simplistic.
B) Eliminate all the stupid users. This is frowned upon by society.
After RTFS, I get the impression that the teacher said something like "Creationism is false. Creationism is garbage."
After RTFA, I realize the teacher basically said "creationists rarely use scientific arguments to support their belief."
Long live exaggerated and misleading Slashdot summaries.