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JISHOU, HUNAN — Back when I was a science teacher, I started blogged about an Ohio public school science teacher who got in hot water for (1) allegedly using a Tesla coil on his students, (2) teaching evolution was false and (3) going overboard with his religious proselytizing in the classroom.
Without going into a lot of details, let’s just say that teacher, John Freshwater of Mount Vernon, was removed from classroom teaching pending an administrative hearing about insubordination. After a two-year-long administrative hearing process, Freshwater lost his job earlier this year. He and the Mount Vernon school system were also named in a federal discrimination complaint brought by a student’s family; the school district settled out of court and Freshwater, following an unsuccessful appeal, also had to pay damages to the family. Meanwhile, he filed, and later dropped, his own discrimination complaint in federal court against the school system.
So, after all these proceedings which suggest that Freshwater was to some degree culpable, I learn that he has the nerve to play the victim card on David Barton and Rick Green’s WallBuilders Live radio program.
Here’s a partial transcript, courtesy of Right Wing Watch.
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JISHOU, HUNAN — And I’m not talking about Archie and Jughead, or even Beavis and Butthead.
Amy Myers the Bachmann Slayer (and Scourge of the Right Wing) is not the only high school student making national news. Damon Fowler and Zack Kopplin, both of Louisiana, have made some national waves recently, too.
Fowler is a 2011 graduate of Bastrop High School in Bastrop, La. Earlier this term, he learned that there would be a school-sanctioned official prayer at his graduation ceremony. He objected, and asked that the prayer be scotched. (FYI, the Supreme Court has held that public school-sponsored prayers are verboten under the First Amendment, which Fowler knows but the school apparently didn’t.)
The ACLU followed up with a letter advising the school of the legal requirements and ramifications. School officials agreed to forgo the prayer. As if. In the meantime, the community got wind of Fowler’s objections and the shit hit the fan.
Fowler got threats of violence and death. His fellow students turned on him. One of his teachers publicly berated him. His parents kicked him out of the house, and put his possessions (except his PS3) out on the porch.
The graduation went on without him, since he reckoned attending put him at some risk. And a prayer was said by a student, supposedly against the wishes of the administration but basically within the letter of the law.
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JISHOU, HUNAN — I may seem to pay too much attention to religion in public high school graduation ceremonies, but for me it’s fascinating to see how the courts resolve two apparently conflicting clauses in the First Amendment.
On the one hand, the Establishment Clause states the government can neither promote a particular religion nor prevent the free exercise of any religion. On the other hand, the Free Speech clause prevents the government from limiting or banning speech or any other kind of expression, no matter how obnoxious it may be.
So, what happens when someone (a public school student, say) wants to talk about God or religion during a graduation ceremony? A public school is, after all, an institution of the government, so one might assume that student would have to rewrite the speech to omit the God stuff. This is exactly what school officials in a Nevada town believed in 2007 when they told Brittany McComb she had to take her witnessing for Jesus out of her valedictory. At first, McComb agreed, but when it came time to deliver her speech, she still referred to Jesus, etc., and school officials literally pulled the plug on her microphone.
Dumb.
If McComb were speaking just for herself, then her comments would have been protected under the Free Speech clause, although she was speaking to a captive audience in a public school. If, however, she were speaking on behalf of the school (or if a school official delivered such an address), it would run afoul of the Establishment Clause. A public school cannot legally teach one particular faith or insist its students, parents, staff, etc., worship in a particular way. Testifying would imply that there was only one “preferred” way to worship.
This is a preview of Graduation speeches, prayers and the First Amendment . Read the full post (892 words, 1 image, estimated 3:34 mins reading time)Possibly related posts:
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