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Why was he teaching that lesson? This was European History, not American History, not Civics. European History.
It doesn't matter what they were doing on the topic. I don't recall it being against the law to get off topic. He did not misinform the students, he was teaching about an event and his comments were in that context.
Well, it seems to me, they've just been instructed.
Next.
The judge is not the teacher's employer, in case you weren't aware, so the teacher can completely ignore his erroneous ruling and say whatever he pleases.
Given that a large number of Americans believe in creationism (possibly just as many as those who believe in evolution), I don't have a problem with it as long as it is taught objectively in addition to evolution.
Scientific fact is not determined by popular vote!
Unless instructed otherwise by their employer, a teacher can say anything they want. They are not "agents" of anything, they do not establish government policy, nor do they espouse government policy. It is no different that a government clerk or government intern stating their opinion. They can "spew" whatever they please on the job, unless instructed otherwise by their employer.
That is not true.
Teachers cannot say anything they want.
Teachers have a lot of leeway, but regardless of how the school board feels about it or how the school administration feels about it, they cannot just say anything they want. That's why we have students suing teachers in the court system. Because there are restrictions on free speech in the classroom, and because those restrictions have to be further defined by the courts at times.
Unless instructed otherwise by their employer, a teacher can say anything they want. They are not "agents" of anything, they do not establish government policy, nor do they espouse government policy. It is no different that a government clerk or government intern stating their opinion. They can "spew" whatever they please on the job, unless instructed otherwise by their employer.
Just curious, are you a judge or constitutional scholar?
It seems the judge in this case disagrees with you wholeheartedly. I tend to lean more on his legal argument than I do yours.
I'm not sure why you keep injecting "employer" into the situation, as if employers are the gateway to free- or suppressed-speech.
Justice has been served. God bless the judge for being fair and righteous with his understanding of the law, something the teacher obviously was ignorant of.
He incorporated his remarks into a lecture on European History. Please explain why the teacher felt it necessary to address this legal decision in the context of European History.
It doesn't matter. It's not illegal to talk about american history in a european history class. Perhaps it was related to a decision in europe. The point is it doesn't matter why the class was talking about it. It's not like the teacher walked into class and said 'ok guys I'm going to teach a class on why christianity is wrong.' The student was overly sensitive and would never have complained if the teacher had made comments about any other creation story being nonsense.
Teachers have a lot of leeway, but regardless of how the school board feels about it or how the school administration feels about it, they cannot just say anything they want. That's why we have students suing teachers in the court system. Because there are restrictions on free speech in the classroom, and because those restrictions have to be further defined by the courts at times.
Actually, they can say anything they want, unless they are instructed otherwise by their employer. The government has the right to restrict speech of their employees while they are on the job, but if they are not instructed as to which forms of speech or which topics are prohibited, they can say whatever they please.
If there is no written policy regarding what can or cannot be said on the subject of Creationism, a teacher can say anything they want. I read nothing to indicate that such a policy existed.
If parents want their child to learn about Creationism (which IS religious mumbo jumbo) then they can enroll their children in a religious school. There are about a million of them out there.
I'd be pretty pissed if my kid was taught creationism outside of a religion or philosophy class. It's NOT science no matter what spin you put on it.
So I guess you would'nt have an issue if your family's beliefs were attacked by a teacher while in school?
It doesn't matter. It's not illegal to talk about american history in a european history class. Perhaps it was related to a decision in europe. The point is it doesn't matter why the class was talking about it. It's not like the teacher walked into class and said 'ok guys I'm going to teach a class on why christianity is wrong.' The student was overly sensitive and would never have complained if the teacher had made comments about any other creation story being nonsense.
Unless creationism is now being construed as being propogated in Europe, why was creationism being discussed anyway? We'll never know that answer, but the fact still remains that a judge interpreted the Constitution as he saw legally admissable, and this teacher lost.
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