U.S. Supreme Court rejects appeal of Ohio teacher fired over religious materials in class
Source: Columbus Dispatch/AP
The Supreme Court has rejected the appeal of an Ohio public school science teacher who was fired for promoting the theory of creationism and refusing to remove religious materials from his classroom.
The justices today let stand an Ohio Supreme Court ruling that found the Mount Vernon school district had grounds to fire John Freshwater in 2011 for insubordination for keeping religious books and a poster of a praying president.
The state court said the district infringed on Freshwaters First Amendment rights by ordering him to remove his personal Bible from his desk, but found he was insubordinate for keeping the other items.
Freshwaters attorney had argued that the firing violated the teachers free speech rights.
Read more: http://www.dispatch.com/content/stories/local/2014/10/06/Supreme-Court-freshwater-case.html
Loser!
giftedgirl77
(4,713 posts)Cha
(297,935 posts)notadmblnd
(23,720 posts)nt
dbackjon
(6,578 posts)awoke_in_2003
(34,582 posts)then I ask- what are you going to do when your kid has a teacher of a different christian persuasion than you?
leftyladyfrommo
(18,874 posts)cosmicone
(11,014 posts)Good that he got spanked.
FlatStanley
(327 posts)The Chistian Taliban actually ARE an existential threat to the United States. ISIS, ha, not even close.
CincyDem
(6,416 posts)Imagine is I got hired to teach history and then, once in the classroom, decided that my free speech rights allowed me to teach math - during the history class. Add to it, that my version of math is 2+2=5 (ya know, because nobody has really proved it's 4 and there's still some controversy). I'd get fired in about 2 days, if not sooner.
I'm all for this guys right to free speech and I love the fact that he's going to have the opportunity to learn there's no right to consequence free speech.
rurallib
(62,477 posts)and charge parents to keep their kids stupid.
CincyDem
(6,416 posts)FlatStanley
(327 posts)Ms. Toad
(34,123 posts)Since that ruling was in 1969, make that 95 years that schools are, in fact, limited free speech zones.
The question is where you draw the line between speech which disrupts education enough that it is permissible to restrict it. Certainly teaching math in history class to the exclusion of history would be disruptive - although since I taught English (reading and writing) in my math class even that example does not have bright line rules. Personal bible in a desk drawer? On the desk? Cross worn as a necklace? Angel pin? Posters on the wall? (And it doesn't have to be religious examples. You can walk through the same exercise with political beliefs, or most anything else.)
(The Tinker case, in case you aren't familiar with it, is the one which allowed the Tinker children to wear black armbands protesting the war in Vietnam.)
Feral Child
(2,086 posts)In this case the separation of church and state clause of the First Amendment supersedes the individuals right to free speech.
Teachers do have 1St Amendment rights, but they are abridged if that speech violates other provisions of the Bill of Rights.
The teacher also is required by contract to teach the curriculum of the school system; science has a recognized curriculum and Creationism is not an accepted tenet of science.
Ms. Toad
(34,123 posts)Separation of state is a non-legal concept that really means (1) the state may not establish religion and (2) may not prohibit the free expression thereof.
Here, the state arguably did prohibit the free expression of religion.
It is not clear whether he was teaching creationism was.
When Freshwater kept the Bible in his classroom, officials fired him.
If he was, from my perspective, that would be establishment of religion
The news reports are based on keeping a bible in or on his desk, and having religious books and posters in his classroom. Keeping a personal bible in his desk - or even on his desk, or wearing a turban, yarmulke, cross, etc. - is free expression which may not be prohibited by the state (within the limits defined by case law). Posters on the walls, and religious books, get into a gray area. If other teachers are permitted to put up inspirational posters and books which are unrelated to their subject, there is likely not a difference from a constitutional perspective. Particularly a collage which includes the 10 commandment should survive scrutiny - it has in virtually every other circumstance in which it was included as part of a larger primarily secular display. One of the primary tenets of free speech cases is that if you permit speech you cannot discriminate on the basis of viewpoint.
Feral Child
(2,086 posts)It's very clear. Still, I personally disagree. My feelings aren't, of course, cogent to the legalities here.
I'm afraid I don't have the time or skill to research and refute your post, so I think I'll just concede and retire.
Thanks for the information.
bluesbassman
(19,385 posts)I think personal items (cross necklace, lapel pin, closed bible on desk) fall under the free speech category. Posters on the walls however present a "learning environment" issue that could be construed as disruptive to normal classroom activity. The linked article does not say if the teacher engaged in any theological discussions related to the posters during class time, but it's not inconcievable to assume that the presence of such material prominently displayed would not have the potential for that, and would therefore be in direct competition with the actual curriculum Mr. Freshwater was hired to teach.
Rozlee
(2,529 posts)The Young Earth nutcases are offended by mathematics over radioactive ionic studies that prove carbon and other elements emit radiation that confirms the earth is billions of years old instead of thousands of years. They want their own math that debunks the 'bogus' theories of today's physics and mathematics.
Adrahil
(13,340 posts)is very limited in the work place, especially when you work for, and represent, the gubmint.
maddogesq
(1,245 posts)Does anyone have the numbers for either decision?
former9thward
(32,121 posts)It takes 4 Justices to vote to hear a case. In these cases there were not 4 Justices who wanted to hear the case.
maddogesq
(1,245 posts)As always, knowledge is power.
I'm surprised but thrilled.
I'm sick and tired of these religious freaks.
Feral Child
(2,086 posts)If this guy wants to teach Creationism, he needs to seek employment in the proper venue; ie, a private school, preferably a private Christian School.
Forcing his personal views in a public school is both inappropriate and illegal.
calimary
(81,565 posts)I have been pre-conditioned by now to expect bad decisions and wrong-headed results from this particular Supreme Court. So I'm honestly surprised when they actually make what I view as the correct decision.
Feral Child
(2,086 posts)Scalia's crew systematically erodes civil rights. I guess they can't quite justify forcing secularism out of public schools, though Scalia has said that's what he wants.
Fortinbras Armstrong
(4,473 posts)Antonin Scalia dissented.
calimary
(81,565 posts)in Roe v Wade. And look what's happened on that front, ever since.
Orsino
(37,428 posts)And I am still surprised.
former9thward
(32,121 posts)That is in the OP but not mentioned in the actual news article at the link. The link says the school fired him for having religious books in the classroom and a copy of the 10 Commandments on the wall.
Feral Child
(2,086 posts)I didn't read the article at link and made the assumption. Would have been solid grounds for termination, though (in my opinion) but firing for the artifacts is appropriate also.
RufusTFirefly
(8,812 posts)Had he maintained a religious library that was more representative of all the world's differing religious viewpoints, it would've been another matter.
From the student's standpoint, imagine the chilling effect of attending a class where the teacher is clearly a religious fanatic, whose dogma undermines the science he supposedly is teaching. How could you be confident of getting an objective assessment of your abilities in such an environment if you had the "misfortune" of holding a different religious viewpoint or -- Heaven forfend! -- none at all?
former9thward
(32,121 posts)The news article says he was fired for insubordination because he refused to remove multiple religious materials from the classroom. The school had no problem with having his Bible in the classroom.
yardwork
(61,748 posts)This teacher burned a cross into the arms of some of his students, while supposedly "teaching" them about electricity. He proselytized in his 8th grade science classroom instead of teaching them science, and the local high school teachers complained for years that his former students were not prepared for high school science as a result of his poor teaching. There were years of problems that the school district ignored, but they finally had to act when the parents of one of the students with an electrical burn in the shape of a cross sued.
Taken as a whole, this teacher's behavior was really egregious and the school district tolerated it for years. It's an indication of how powerful the right-wing fundamentalist groups are that he was given years of legal representation that enabled him to fight this from the local level all the way to the Supreme Court. He lost every step of the way, but it took years. The school board's hearings along took years. This guy has had his day in court over and over and over again.
Botany
(70,635 posts)This is about 30 miles from where i live and I read about him burning a cross on
a student's arm. He was and still is a first class nut ball.
progressoid
(50,011 posts)Gelliebeans
(5,043 posts)And add one rubber chicken.
Response to n2doc (Original post)
trusty elf This message was self-deleted by its author.
NutmegYankee
(16,204 posts)The guy was fired for not doing the job he was hired to do. He could teach Jesus riding on a brontosaur on Sundays, but Mon-Fri he needs to teach science. But such is the way with fundies...
Response to n2doc (Original post)
OldRedneck This message was self-deleted by its author.
valerief
(53,235 posts)Last edited Mon Oct 6, 2014, 02:05 PM - Edit history (1)
Hobby Lobby and the Jesusification of America? Why would SCOTUS let the razor-close to theocracy Ohio ruling stand?
(Edited to fix Holly Hobby to Hobby Lobby; always get them mixed up.)
former9thward
(32,121 posts)He was not fired for teaching Creationism. There is nothing about that at the link. He was fired for insubordination for refusing to remove religious materials from his classroom. So it was not a "razor-close to theocracy" ruling in Ohio. As far as letting the ruling stand they simply refused to hear the case. The SC gets about 1000 cases a year. They only hear 50 cases. That means a lot of cases are discarded because they can't hear them all.
valerief
(53,235 posts)I never said the teacher was fired for teaching Creationism. I can read. He was still Jesusifying the public classroom.
But I can see what you mean about SCOTUS not taking the appeal. It had nothing to with a lack of desire to take it. It just wasn't as pressing as the cases they'd already been told by their corporate overlords to hear.
HockeyMom
(14,337 posts)That is precisely why I sent my kids to public school. I did not want them to have to experience being preached at, or praying, like I had to in Catholic school.
What don't these people understand about this?????
Scairp
(2,749 posts)Obviously.
Gelliebeans
(5,043 posts)I bet Scalia wasnt happy (just a wild guess)
Scairp
(2,749 posts)This is Mount Vernon, IN. Earlier I read an email from an atheist group with the story about the state cop who pulled a woman over for a traffic violation and then began proselytizing and giving her religious pamphlets. He didn't even give her a ticket. She was afraid to say anything negative as it seemed he had stopped her just to do this. She has filed a lawsuit, which a number of Christians, including a catholic priest, feel is a shameless money grab. I imagine she is getting a fair amount of grief. I think she needs support.
https://www.facebook.com/wlwt5/posts/10152281580836852
mwb970
(11,370 posts)He peddled his phony religion in schools for years, and has whined steadily since they made him stop.
IkeRepublican
(406 posts)To them, it's okay for an employer to can somebody for no reason at all, let alone going against employer policy.
HoosierCowboy
(561 posts)...for the definition of the word "dork", I'd expect to see a picture of this guys face
True Blue Door
(2,969 posts)Firing was too good for someone who would try to teach such a thing in a science class.
It's the equivalent of passing out bottles of vodka for a health class.