Dr.GH
Posts: 2333
Joined: May 2002
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| Quote (Reciprocating Bill @ Sep. 13 2008,08:53) | | The podcast is an interesting listen. |
What I find so weird is that LeFlake trots out the same creationist BS that we have refuted for decades. This jackass has taken money for decades as a 'teacher' and is grossly ignorant.
Edit:
| Quote | II. Free Speech
Determining a public employee's free speech rights is a difficult task. A reviewing court must analyze the
balance between the interests of the [public employee], as a citizen, in commenting upon matters of public concern and the interests of the State, as an employer, in promoting the efficiency of the public services it performs through its employees.
Finch v. Wemlinger, 361 N.W.2d 865, 870 (Minn. 1985) (quoting Pickering v. Board of Education, 391 U.S. 563, 568, 88 S. Ct. 1731, 1734 (1968)). Further, critical to determining if a public employee's speech is entitled to protection, is whether the speech is “made primarily in the [employee's] role as a citizen or primarily in his role as an employee.” Terrell v. University of Tex. Sys. Police, 792 F.2d 1360, 1362 (5th Cir. 1986), cert. denied, 479 U.S. 1064 (1987). LeVake has the burden of showing that “his conduct was constitutionally protected, and that this conduct was a substantial factor or * * * motivating factor” in respondents' decision to reassign him. Mount Healthy City Sch. Dist. Bd. of Educ. v. Doyle, 429 U.S. 274, 287, 97 S. Ct. 568, 576 (1977) (citation omitted).
LeVake argues that respondents reassigned him to silence his criticism of evolution, which infringed upon his rights of free speech and academic freedom. He asserts that the material he wants to teach his students is lawful and does not impinge on any important state interests.
The classroom is a “marketplace of ideas,” and academic freedom should be safeguarded. Keyishian v. Board of Regents, 385 U.S. 589, 603, 87 S. Ct. 675, 683 (1967). But Levake, in his role as a public school teacher rather than as a private citizen, wanted to discuss the criticisms of evolution. LeVake's position paper established that he does not believe the theory of evolution is credible. Further, LeVake's proposed method of teaching evolution is in direct conflict with respondents' curriculum requirements. See Clark v. Holmes, 474 F.2d 928, 931 (7th Cir. 1972) (recognizing teacher had no First Amendment right to override judgment of superiors regarding proper course content). Accordingly, the established curriculum and LeVake's responsibility as a public school teacher to teach evolution in the manner prescribed by the curriculum overrides his First Amendment rights as a private citizen. See Webster v. New Lenox Sch. Dist. No. 122, 917 F.2d 1004, 1007 (7th Cir. 1990) (recognizing compelling state interest in choice and adherence to suitable curriculum for benefit of young students overrides individual teachers' desire to teach what they please).
Based on LeVake's belief that evolution is not a viable theory, respondents' concern about his inability to teach the prescribed curriculum was well-founded. Thus, the district court did not err in granting respondents' motion for summary judgment because LeVake did not demonstrate a genuine issue of material fact regarding his claim that respondents violated his right to free speech. (emphasis added) |
This was the most relevant section from "STATE OF MINNESOTA, IN COURT OF APPEALS, C8-00-1613"
I would personally have phrased the bolded sentence differently. Something like, "Because LeVake's belief that evolution is not a viable theory seems from a fundamental ignorance of the theory of evolution and its scientific basis, respondents' concern about his inability to teach the prescribed curriculum was well-founded.
Edited by Dr.GH on Sep. 13 2008,10:46
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"Science is the horse that pulls the cart of philosophy."
L. Susskind, 2004 "SMOLIN VS. SUSSKIND: THE ANTHROPIC PRINCIPLE"
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