The truth about Judge Sotomayor

June 11, 2009

Nina Totenberg of NPR wins great respect as a reporter on the Supreme Court for a reason:  She’s a great reporter.

Totenberg on Judge Sonia Sotomayor’s alleged race bias:

As a judge, Sotomayor has ruled in 100 cases that involve questions of racial discrimination of one sort or another. Tom Goldstein, Supreme Court advocate and founder of the leading Supreme Court blog, has read all of those decisions. He says that Sotomayor does not seem to put her thumb on the scale and has in fact, most of the time, ruled against those charging discrimination.

In only 1 of out 8 cases, he says, has she favored in some sense claims of discrimination.

“The fact that she so rarely upholds discrimination claims I think answers the idea that she is always angling for minorities,” he says.

Totenberg on Sotomayor’s statements about judge-made law and policy:

And if the New Haven case is a harbinger in one direction, there are other cases that point the other way too. Sotomayor, for example, dissented when her colleagues allowed the New York City Police Department to fire one of its officers for sending hate mail on his own time. While the hate mail was patently offensive, hateful and insulting, Sotomayor wrote, it did not interfere with the operations of the police department, and, she observed, under our Constitution, even a white bigot has the right to speak his mind.

In another case involving a black couple bumped from an American Airlines international flight, Sotomayor said their race discrimination claim was clearly trumped by an international treaty governing airline rules. It matters not, she said, that her ruling might mean airlines could discriminate on a wholesale basis and that there would be no legal recourse. The treaty’s language is clear and it is not for the courts to make policy, she said, adding that if policy is to be changed, Congress or federal agencies must do it.

White bigots ought to study more and flap less.


A different view of the California creationism in the classroom decision

May 10, 2009

Wired takes a different view of the California case in which an AP history teacher was found to have violated a student’s rights with comments about creationists — at least, different from the view I’ve articulated here.  It’s worth a look — and it shows that this case needs to be evaluated more carefully and closely.  Alexis Madrigal wrote at Wired’s website:

The teacher got into hot water because the creationism statement came outside the context of his AP European History class. In making the statement during a discussion of another teacher’s views on evolution, the court could not find any “legitimate secular purpose in [the] statement.”

However, Judge Selna found a second statement that Corbett made about creationism did not violate the student’s First Amendment rights, although it’s an equally pointed critique.

“Contrast that with creationists,” Corbett told his class. “They never try to disprove creationism. They’re all running around trying to prove it. That’s deduction. It’s not science. Scientifically, it’s nonsense.”

That statement was OK because it came in the context of a discussion of the history of ideas and religion. Thus, its primary purpose wasn’t just to express “affirmative disapproval” of religion, but rather to make the point that “generally accepted scientific principles do not logically lead to the theory of creationism.” One might expect that if creationism came up in the context of evolutionary biology, it would be similarly OK to say, “Scientifically, it’s nonsense.”

The nuanced decision prompted the judge to append an afterword. Selna explains his thinking a basic right is at issue, namely, “to be free of a government that directly expresses approval of religion.” Just as the government shouldn’t promote religion, he writes, the government shouldn’t actively disapprove of religion either.

It seems to me, still, that the instructor was well within legal bounds.  For example, we would not ask a biology instructor to pay deference to the Christian Science view that disease is caused by falling away from God (sin), and not by germs, and consequently that prayer is effective therapy.  As a pragmatic matter, Christian Scientists don’t demand that everybody else bow to their view; but in a legal suit, the evidence of Pasteur’s work and subsequent work on how microbes cause disease would trump any claim that Pasteur was “not religiously neutral.”

We still await word on whether the district and teacher will appeal the decision.


California federal judge throws pie in face of the First Amendment

May 2, 2009

I’ve gotta think about this case some more, but it’s not a good decision.

  1. From my view as an Advanced Placement teacher, and as a teacher of history, the judge is contradicting Settle v. Dickson in saying, essentially, the student may claim religious exemption to get out of doing the hard work of thinking.
  2. The judge’s ruling might fairly be said to call into question the entire issue of giving harder-studying high school kids college-level classes, if the serious issues in those classes may not be discussed.
  3. Claiming that creationism is the root of Christianity is rather dictating Christian beliefs to Christians, and in this case, offensive and incorrect beliefs (most Christian sects do not favor creationism, and only a minority of Christians hold such views, generally contrary to their sect’s theology).  Can judges order people to believe something?  Can a judge dictate to the many sects of Christianity one false and crazy thing they all must include in their creeds?

The case is C.F. vs. Capistrano United School District et. al. [Dr. James C. Corbett]. The Orange County Register has a story and links to the case decision, with the headline “High School Teacher found guilty of insulting Christians.”

The headline is troubling because it was a civil suit — no “guilty” verdict could be rendered under the law.  But with a wacky decision like this, the reporter and copy desk must have been quite discombobulated, enough to let such a bizarre headline sneak by.

Will students flock to our AP classes now, hoping to be able to get out of the work by saying history offends their religion?  Ooooh, we could hope!

It’s a very, very strange decision, insulting to scholars, academicians, historians and Christians.  Go read it — what do you think?

Other resources:


Evolution and state science standards in Florida

April 22, 2009

WJCT TV and FM in Jacksonville, Florida, has a televised discussion on evolution in the state science standards set for April 23.  It’s set for 8 p.m. — Eastern Time, I’m guessing.

From the station’s blog (quoted entirely):

tri-brand-logo4

First Coast Forum – Schools, Science, and the State  – Thursday, April 23rd at 8pm on 89.9 FM and WJCT TV

The Florida Board of Education recently revised its science standards to require the teaching of evolution. The state legislature has met twice since then, and both times lawmakers have proposed bills requiring a “critical analysis” of this scientific theory. The latest bill— sponsored by Jacksonville Senator Steven Wise—didn’t get far in this year’s session, but this controversial debate is likely to continue. Senator Wise says it’s important to expose students to other ideas such as intelligent design. Critics argue that challenging evolution could open a door for religious doctrine in science classes.

What should our students learn and who should decide? We’ll discuss these issues with local lawmakers, religious experts, teachers, and parents on our next First Coast Forum Schools, Science, and the State, April 23rd at 8pm only on WJCT.

Panelists:

  • Steve Goyer – pastor representing OneJax
  • Dr. Marianne Barnes, UNF Education Professor
  • Stan Jordan, Duval County School Board, former state legislator
  • Rachel Raneri, Duval County District School Advisory Council Chair
  • David Campbell, Orange Park Ridgeview H.S. teacher
  • Quinton White, JU
  • Paul Hooker of the Presbytery of St. Augustine

Viewers can participate in First Coast Forum
Email questions and comments to firstcoastforum@wjct.org or by calling (904) 358-6347 during the program.


No, the U.S. is not a “Christian nation”

April 9, 2009

Why is this an issue again?

Here’s the encore post of the original 2006 post quoting Jefferson on the topic of religious freedom, and what it means.

Can we lay off Obama now?  It’s no slam on America that he knows U.S. history better than most of us.  It’s encouraging.


Should teachers blog?

January 21, 2009

Teachers are public employees (most of us).  Should we blog about education and teaching?

Interestingly, there is a good case to be made that public employees have more First Amendment protection than private employees (should teachers in KIPP, charter and parochial schools blog?).

Larry Solum at Legal Theory highlights Paul Secunda’s article:

Paul M. Secunda (Marquette University – Law School) has posted Blogging While (Publicly) Employed: Some First Amendment Implications (University of Louisville Law Review, Vol. 47, No. 4, 2009) on SSRN.

I’ll wager most teachers are not common users of SSRN, so let’s steal Solum’s posting of the abstract of the article, too:

While private-sector employees do not have First Amendment free speech protection for their blogging activities relating to the workplace, public employees may enjoy some measure of protection depending on the nature of their blogging activity. The essential difference between these types of employment stems from the presence of state action in the public employment context. Although a government employee does not have the same protection from governmental speech infringement as citizens do under the First Amendment, a long line of cases under Pickering v. Bd. of Education have established a modicum of protection, especially when the public employee blogging is off-duty and the blog post does not concern work-related matters.

Describing the legal protection for such public employee bloggers is an important project as many employers recently have ratcheted up their efforts to limit or ban employee blogging activities while blogging by employees simultaneously continues to expand. It should therefore not be surprising that the act of being fired for blogging about one’s employer has even led to a term being coined: “dooced.” So the specific question that this essay addresses is: do dooced employees have any First Amendment protection in the workplace? But the larger issue examined by implication, and the one addressed by this Symposium, is the continuing impact of technology on First Amendment free speech rights at the beginning of the 21st Century.

This contribution to the Symposium proceeds in three parts. It first examines the predicament of private-sector employees who choose to blog about their workplaces. The second section then lays out the potential First Amendment free speech implications for public employees who engage in the same types of activities. Finally, the third section briefly considers a potential future trend in this context from Kentucky involving government employers banning employee access to all blogs while at work.

I’ve been wondering where are the cases of student blogs dealing with serious First Amendment issues.  I think we’re overdue for more litigation in that area.


Should a teacher let students know her voting preferences?

October 14, 2008

Law professor Stanley Fish tackled the issues around teachers wearing campaign buttons in the classroom, at his blog with the New York Times.

Fish says teachers don’t have a free speech right to wear buttons supporting their favorite candidates.

My point is made for me by William Van Alstyne, past President of the AAUP and one of the world’s leading authorities on the first amendment. In a letter to current president Nelson, Van Alstyne corrects his view that faculty “have a first amendment right” to wear campaign buttons. “I have no doubt at all,” he declares, “that a university rule disallowing faculty members from exhibiting politically-partisan buttons in the classroom is not only not forbidden by the first amendment; rather, it is a perfectly well-justified policy that would easily be sustained against a faculty member who disregards the policy.”

Right! It’s no big deal. It’s a policy matter, not a moral or philosophical matter, and as long as the policy is reasonably related to the institution’s purposes, it raises no constitutional issues at all. On Oct. 10, the United Federation of Teachers filed suit to reverse the button ban, claiming that the free speech rights of teachers had been violated. If that’s their case, they’ll lose.

I think he’s right — check out his post, and tell us what you think.


“Dare to call for justice, get labeled ‘terrorist'”

October 10, 2008

This is where we are: Marylanders who exercised their rights guaranteed under the First Amendment, peacefully gathering to call for changes in law, were labeled “terrorists” by the Maryland State Police, and reported to federal databases that way.

Do you wonder why you get searched every time you fly?  Remember that letter you wrote to your Congressman complaining about high taxes?  Remember that phone conversation with your brother-in-law over whether either of you would serve in the military today, without the threat of a draft?

Remember that time you taught the Cub Scouts how to fold the flag?

All of these things used to thought of as patriotic participation in government by citizens.  But not any more.

All of these things are protected under the First Amendment.  But if you use those First Amendment rights, and you’re in Maryland, watch out.

The abuses of the system were discovered and exposed by the Maryland attorney general.

And if you don’t live in Maryland?  That doesn’t make you safe.  It only means your state’s attorney general has not investigated what the cops are doing.

Your vote on November 4 is important.

You can also vote in a poll at the Baltimore Sun, asking whether such surveillance is okay.  (No, it’s not.)

Below the fold:  The New York Times editorial on the issue.  Also, the editorial from the Baltimore Sun.

Read the rest of this entry »


Impromptu Banned Books Week Carnival

October 4, 2008

Banned Books Week flies by way too fast.  So many banned books, so little time.

Was it appropriate for Sarah Palin’s only debate with Joe Biden to come in Banned Books Week?  Or, was it fate?

Liam Sullivan at Panorama of the Mountains had a great idea, running a list of good blog posts on banned books, “Banned Books Week 2008” — I’ll try to encourage readership at his blog by not repeating any of his listings here.  That will make this little impromptu carnival shorter by a lot, and challenging to me to compose.

Let’s start with some of the big dog blogs.

Boing-Boing featured the great window display from the Twin Hickory Public Library in Glen Allen, Virginia:

Window display at the libraray in Glen Allen, Virginia, for Banned Books Week.  via Boing Boing

Window display at the Twin Hickory Public Library in Glen Allen, Virginia, for Banned Books Week. via Boing Boing

A display showing live humans reading may become even more rare over the next few years, as the No Child Left Behind Act begins to affect Americans.

Jesus’s General noted the same display, but with a banner that shows the necessarily political character of standing up for books and knowledge in an era that tries to discount education as “elitism,” and smart and educated people as “elitists,” as if “elite” didn’t mean “the best.”  Which brings up a sore point with me:  How have the book banners been so successful in stamping out dictionaries?  Dictionaries are great books to promote freedom — but just try to find a good one in most homes, or in school classrooms.  My father and mother kept a dictionary on their desk at the store they owned; a good dictionary used to be a great high school graduation gift for a student off to college.  When was the last time you saw such a thing used as such a gift?  I digress.

Banned Books Week banner found at Jesus General

Banned Books Week banner found at Jesus' General

Jesus’ General said:

Books can be dangerous. Many contain ideas. Sometimes unpopular ideas. Ideas that may make one think. Ideas that engage and transform us. Ideas that set off our imaginations. Ideas that can change the way we see the world. Ideas that may make decide to help change the world for the better. Clearly books can be subversive. And we can’t have that! An informed and imaginative people could do incredible things.

Paper Cuts, a book blog at the New York Times site, asks “What are you doing for Banned Books Week?” it features a nice photograph of the public library in Wasilla, Alaska.  Barry Gewen offers great insights into Banned Books Week.

One of the most informative of these lists is “Banned and/or Challenged Books from the Radcliffe Publishing Course, Top 100 Novels of the 20th Century” — because it provides background on various censorship efforts over the years. It’s also the most amusing list, though it’s hard to laugh after your jaw has dropped.

George Orwell’s “1984” was challenged in Jackson County, Fla., because it was considered “pro-Communist.” Who would have imagined that the Wichita, Kans., public library would, ayatollah-like, challenge Salman Rushdie’s “Satanic Verses” for being “blasphemous to the prophet Mohammed”? In 1973, “Slaughterhouse Five” was actually burned in Drake, N.D. And Lindale, Tex., banned “To Kill a Mockingbird” from a school reading list in 1996 because it “conflicted with the values of the community” — leading one to wonder just what Lindale’s values are, and why anyone would want to live there.

Farm School, in honor of Banned Books Week, does a bang up job of nailing down the facts on the charge that Alaska Gov. Sarah Palin tried to ban books, when she was mayor of Wasilla (not exactly, but the details — truth is in the details).

Abby the Librarian carries another rundown of posts about Banned Books Week, including one from Mommy Madness that notes that banning books takes away a parental responsibility, giving it to the government.  (Did you catch that, Joe Leavell?)

Everybody’s Libraries carries an explanation of “Why Banned Books Week matters.

I’m Here, I’m Queer – What the Hell Do I Read? notices an uncomfortable trend, that several of the most-challenged books are challenged because they discuss homosexuality in non-condemning terms.

Cover of Ray Bradburys Fahrenheit 451, via Maias Blog - Just Add Coffee

Cover of Ray Bradbury's Fahrenheit 451, via Maia's Blog - Just Add Coffee

Maia’s Blog – Just Add Coffee discusses Bradbury’s Fahrenheit 451 and the irony of banning a book about banning books, in “Banned Books Week, Day 6.”  As you might imagine, this is the sixth in a series of posts.  The other books covered are Brideshead Revisited, Ivanhoe, Sons and Lovers, The Phantom Tollbooth (challenges coming, I presume, from the Taliban, al Quaeda, and Dick Cheney),  and The Adventures of Huckleberry Finn.

Andrew Sullivan’s Daily Dish gives Phillip Pullman, the author of The Golden Compass, a vent about religious objections to books.

Another roundup of Banned Books Week posts, at Books Worth Reading.

Chez Namastenancy rounds up even more, and points especially to a quiz about banned books at the venerable on-line site of the venerable British newspaper, The Guardian. (English teachers:  Can you say “bellringer?”)

Notes from Evil Bender discusses the importance of keeping ideas on the shelves of libraries, especially those ideas that some find “offensive” to “family values.”

School Library Media Activities Monthly carries this simple quote:

“Banning books is so utterly hopeless and futile.  Ideas don’t die because a book is forbidden reading.”- Gretchen Knief, librarian, protesting a proposed 1939 ban against The Grapes of Wrath

Which posts about Banned Books Week sang out to you, that I’ve missed noting here?  Comments are open — please share.


Vigilante book banners

October 1, 2008

As we ponder how to keep freedom in America in the middle of Banned Books Week, I worry about the dangers of vigilantes acting to effect a ban on a particular book, despite official actions.

How to fight these anti-reading, anti-American vigilantes?  People in Lewiston, Maine, came up with the fantastic idea of simply buying more books.

Vigilantes sometimes check out the books they want to ban, and then simply don’t bring the book back to the library.  If there’s no book on the shelf to be checked out, they reason, no one else can check it out.  One such vigilante in Lewiston, an activist in favor of homophobia it appears, refused even a court order to return the book she wanted to ban, Robie Harris’s It’s Perfectly Normal.

Cover of Robie Harriss childrens health book, Its Perfectly Normal

Cover of Robie Harris's children's health book, It's Perfectly Normal

Jail time for the vigilante?  Oh, the law would allow that.  But instead, freedom fighters purchased four more copies of the book for the library.

Voting with ideas.  What a concept!

Full text of the American Library Association press release, below the fold.

Read the rest of this entry »


Alaskans protest Palin

September 16, 2008

It takes guts, but some Alaskans are protesting their governor’s campaign.  They plan to use their First Amendment Rights while they can.

Description here, at the venerable Mudflats blog.  Is it true that this protest against Palin was the largest political rally in Alaska, ever?

Photos of some truly original protest signs here, at Mamadance.


Them lyin’ newspapers: World Net Daily gets Bible class story exactly wrong

September 4, 2008

Sometimes you have to wonder if people are really that stupid, or if they are acting stupid for nefarious purposes.

The inveterate trash purveyor, World Net Daily, carried a column with this headline:  “Texas to teachers:  Bible will be taught.

It’s what you’d expect out of Texas, sort of, an order from the state to those darned secularists and atheists in the teaching biz, forcing them to teach the Bible to yearning-for-scripture chilluns.

But the story gets it almost exactly backwards:  Texas’s Attorney General ruled that schools do NOT need to offer special electives in the Bible under a new state law.

And to the consternation of Bible thumpers everywhere, it appears that instead of Bible study, tough academic courses that may include serious literary and history criticism of scripture will fill the bill.

The post here at the Bathtub was headlined, “Texas AG rules:  Bible classes not required.”  In the Houston Chronicle, religionists got what might be their most favorable headline, “‘Bible bill’ for Texas schools up for interpretation,” though the body of the story made things pretty clear, I thought.  The Fort Worth Star-Telegram was clear:  “Texas Schools don’t have to offer Bible class, attorney general says.”

The staid, conservative Dallas Morning News said “Bible study class optional for Texas schools, attorney general says.”  The Austin American-Statesman:  “Bible course not mandated, but instruction is.”

The opinion, over the signature of Texas Attorney General Greg Abbot, includes this clue to reporters: ” . . . the Legislature did not mandate that this curriculum instruction be provided in independent courses.”

So, how did World Net Daily get a story almost completely perpendicular to the facts?  Perhaps they hope that some hapless Texas school district superintendent or board member will read their story, and not the AG’s decision, and order a Bible class.  Especially if that class is the academically-discount version suggested by WND, from National Council on Bible Curriculum in Public Schools in Greensboro, North Carolina, there is likely to be litigation — the school district will get sued and lose its shirt.

Who wins then?  WND gets to report on the story and editorialize.

It’s interesting that at least two people who know better got suckered in, Ed Brayton and P. Z. Myers.  If they can be fooled by WND, what school superintendent in Texas can be safe? Heaven knows what schools in other states might do.

You may want to check out:


Ready for Banned Books Week?

August 30, 2008

We celebrate Banned Books Week September 27 through October 4 this year. Well, maybe it’s more accurate to say we celebrate the books that get banned, and the idea that freedom and liberty require that we not ban books.

Banned Books Week image from Tattered Cover Book Store in Denver

Banned Books Week image from Tattered Cover Book Store in Denver

Banned Books Week has been noted every year since 1982 in a long-running campaign from the American Library Association. Why?

Because ideas matter.  The right to express ideas, and the right to be able to read ideas, are at the foundation of our liberties.

Again in 2007, books most frequently targeted for banning include And Tango Makes Three, a delightful children’s story about two penguins taking care of an orphaned egg (too much like homosexuality), and Mark Twain’s powerful, essentially-American novel that makes the case against racism, The Adventures of Huckleberry Finn (ironically, because complainants claim to find the book racist).

People who ask that these books be pulled from the shelves often fail to recognize the irony — why should we ban a book about caring for orphans, or the book that makes the case against racism?

The Tattered Cover Book Store in Denver sponsors an annual Banned Books Week essay contest for Colorado teens, in conjunction with the Colorado Freedom of Expression Foundation.

How will your school and local public library commemorate Banned Books Week?  Which banned books will you read, and urge others to read?

Which banned books are on your reading lists for classroom use? Does that strike a little too close to home?  Then you need to get informed, and get active.


John McCain: Constitution, yes or no?

August 9, 2008

In Denver, Colorado, John McCain has an opportunity to stand up and defend the First Amendment and the rest of the Constitution. All he needs to do is issue a statement that he disagrees with the prosecution of the peaceful woman — he could do even more asking the prosecutor to drop the charges.

Ed Brayton describes the case at Dispatches From the Culture Wars.

The silence from McCain: Will it grow deafening?

More reading:


Encore post: Jefferson on religious freedom, “infidels of every denomination”

July 31, 2008

Jefferson on religious freedom

Thomas Jefferson

August 1, 2006

 *

In his Autobiography Jefferson recounted the 1786 passage of the law he proposed in 1779 to secure religious freedom in Virginia, the Statute for Religious Freedom:

The bill for establishing religious freedom, the principles of which had, to a certain degree, been enacted before, I had drawn in all the latitude of reason and right. It still met with opposition; but, with some mutilations in the preamble, it was finally passed; and a singular proposition proved that its protection of opinion was meant to be universal. Where the preamble declares, that coercion is a departure from the plan of the holy author of our religion, an amendment was proposed, by inserting the word “Jesus Christ,” so that it should read, “a departure from the plan of Jesus Christ, the holy author of our religion;” the insertion was rejected by a great majority, in proof that they meant to comprehend, within the mantle of its protection, the Jew and the Gentile, the Christian and the Mahometan, the Hindoo, and the Infidel of every denomination.

Life and Selected Writings of Thomas Jefferson, Modern Library 1993 edition, pp. 45 and 46.

* Image is a photo of detail from a painting of Jefferson by Rembrandt Peale, courtesy of the New York Historical Society by way of the Library of Congress.

[Encore post from August 1, 2006]

An encore post; fighting ignorance takes repetition.

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