I sent this link to an AP biology teacher, who pronounced it “cool” and forwarded it to other teachers in his district. The link describes a project by three scientific animators to develop a video game to teach the internal working of the cell – and presumably make it fun. The organizers of the project are seeking what I would consider fairly modest support through Kickstarter. As of this writing, they have a long way to go before the deadline, May 30. I intend to make a smallish pledge and encourage others to do so as well.

Yes, you read that right. According to an article in the Detroit News, the Center for Inquiry has sued a country club for canceling a speech by the distinguished biologist Richard Dawkins, allegedly because the owner of the country club did not want “to associate with certain individuals and philosophies.” From our “if I did that, then you would …” department, imagine the outrage if someone had canceled a speech on finding out that the speaker was a religious fundamentalist. What is the difference?

Photograph by Richard Buquoi.

Odocoileus virginianus – white-tailed (Virginia) deer. This fawn is a melanic form found largely in Texas. Photograph copyright © 2010 by R.M.Buquoi Photographics. All rights reserved.

As I posted earlier, in April John Freshwater filed a Notice of Appeal and a Memorandum in Support of Jurisdiction with the Ohio Supreme Court, asking that the Court consider an appeal of his termination. Now the Board’s attorneys have filed a Memorandum in Response. Basically, the Board argues that the case as decided by the 5^th District Court of Appeals is a narrow one, a “run of the mill termination case,” concerned solely with whether the Knox County Court of Common Pleas abused its discretion in denying Freshwater’s appeal of his termination. The Court of Appeals ruled that there was no abuse of discretion.

The Memorandum in Response argues that Freshwater’s appeal to the Supreme Court is no more than a ploy to convince the Supreme Court that it should “take another look at the facts”–in effect, to rehear the case. It argues that Freshwater is attempting to “transform this case into one about academic freedom and free speech,” but no substantial constitutional question is raised by it. It says that Freshwater’s invocation of academic freedom and free speech in his MIS is a “… desperate attempt to make this case appear as a matter of public or great general interest … [and] … has no basis in reality” (p. 11). The Memorandum in Response argues that had Freshwater been allowed to continue his behavior in the classroom, the Board of Education, in its failure to control Freshwater’s behavior, would itself have been exposed to the risk of violating the Establishment Clause and resulting litigation.

The next step is for the Supreme Court to decide whether it will hear the case or let the Appeals Court ruling stand. I have no idea how long that will take, but I’ll try to find out what typical delays are.

Today on the DI Media Complaints Division blog, William Dembski writes,

I recall posting on my blog a gorgeous picture of wildflowers, hinting at the wonders of God’s creation, and seeing comments by atheistic evolutionists who dismissed it as merely “sex” run amuck.

I actually remember this post. It was a post Dembski put up on May 14, 2005 at Uncommon Descent. Quoth Dembski:

I am not sure how much I want to make of this – indeed, I am not sure I want to make anything of it - but Science Now recently ran a short piece to the effect that analytical thinking may “cause [people’s] religious beliefs to waver, if only a little.” More specifically, the author, Greg Miller, describes a number of studies that show that when people are made to think analytically, they are slightly less likely to express a religious belief than when they think intuitively.

Photograph by Paul Burnett.

Photography contest, Honorable Mention.

Trachemys scripta elegans – red-eared slider, a non-native invasive species in California – but very well established in the (former) habitat of the western pond turtle.

At John Wilkins’ Evolving Thoughts, titled “All the Evolution News that’s Fit to Blog.” Go easy on him: he’s injured.

This should be of broad interest: a symposium at Stanford School of Law on the 1987 Supreme Court decision Edwards v. Aguillard. This is the decision that ruled “creation science” to be a sham devised to promote religion in the classroom. And, of course, the decision led directly to the decision to drop creationist terminology and adopt “intelligent design” terminology.

Photograph by Matt W. Ford.

Photography contest, Honorable Mention.

Wind-carved tuff formations on North Menan Butte, Snake River Plain, Idaho.

Now that Shinola is no longer manufactured, I have to wonder what Ken Ham shines his shoes with. Today, Mr. Ham, the alleged proprietor of a putative Ark Park in Kentucky, ran a piece that criticizes the Kentucky Horse Park for promoting “(outdated) evolutionary ideas.”

Of all the fatuous nonsense in that article, this claim may be the, um, best:

One popular belief in regard to the horse evolution series is that as horses supposedly evolved, they got bigger. Eohippus is listed as 14 inches tall, while Mesohippus is listed as 24 inches tall. The next two horses in the display, Miohippus and Merychippus, grow steadily bigger. What’s the problem, though, with the belief that horses somehow evolved into larger and larger animals? If that were true, shouldn’t we see only very large horses today? But we don’t–horses vary in size from the Clydesdale to the much smaller Fallabella (just 17 inches tall).

I will not bother to explain that the domesticated horses we see today are products of artificial selection. Rather, I will note that Mr. Ham’s “deduction” is equivalent to saying, “If we are getting generally taller, then why is my granddaughter shorter than her mother?” Or, if you prefer, “If IQ’s are generally increasing, then why do we still have creationists?”

Acknowledgment. Thanks to Dan Phelps for the link. I am truly impressed that Mr. Phelps has the patience to track this kind of bunk.

I’ve been rereading “Monkey Girl,” (Amazon; Barnes&Noble) Edward Humes’ excellent book on the Kitzmiller trial, and ran onto something I’d either missed first time through or forgotten. As is the case in the Freshwater affair, the Rutherford Institute got involved in Kitzmiller. It represented three sets of Dover parents who requested that they be allowed to intervene in the case, joining the school board as defendants. Filed the same week that the Board’s intelligent design-based statement was read to the first classes in school, the Application to Intervene argued that those parents had a stake in the outcome of the trial, and therefore should be allowed to participate as defendants, represented, of course, by the Rutherford Institute.

The Rutherford Institute argued on behalf of the three sets of parents that if the plaintiffs (Tammy Kitzmiller, et al.) prevailed and the ID statement to biology classes was forbidden to be read, their children would not be able to hear about intelligent design. The Application to Intervene as Defendants (PDF) claimed that

The Intervenors seek to participate in this action because, if the Plaintiffs are successful, the lawsuit will have the effect of censoring the Dover Area School District Board and shielding all ninth graders from criticism of Darwin’s Theory of Evolution.

…

[The intervenors] seek to ensure that their children will have full access to information concerning the theory of evolution, including its many gaps for which there is no evidence. The Applicants further seek to ensure that their children not be denied access to a critical analysis of evolution merely because some persons believe that critics of the theory are religiously motivated. (pp. 2-3)

Further, in the Application to Intervene Rutherford argued that parents of school children are entitled to assert a “… First Amendment right of access to information and ideas in an academic setting…”. Still further,

The Applicants have a substantial legal interest, rooted in the First Amendment, in making sure that their children are not prevented from learning about intelligent design.

That is, parents are constitutionally empowered to determine what should be covered in public school science curricula, regardless of whether it’s accepted science or fringe pseudoscience. Consistent with Michael Behe’s and Scott Minnich’s admissions in their Kitzmiller testimony that their redefinition of science would substantially broaden the landscape of admissible explanations in science, extending it into the supernatural, the Rutherford Institute’s argument would pave the way for the return of astrology and alchemy to the science classroom, should some parent or teacher wish it.

In a way the route for Rutherford Institute’s involvement in both Dover and Mt. Vernon was similar. Rather than being a principal actor, involved in the original disputes, Rutherford was a late-comer, entering the processes well after they were in progress. It attempted (in Dover) and succeeded (in Mt. Vernon) in inserting itself into an on-going process, making arguments that neither side made prior to Rutherford’s participation. In both cases it is arguing for an expansion of First Amendment rights, in the Dover case the right of parents to determine what will be taught in public school science classrooms, and in the Mt. Vernon case the right of a teacher to override instructions from the Board of Education regarding curriculum matters. And in both cases the result would be the inclusion of any damn fool thing a parent or teacher wants taught, regardless of its appropriateness to the class or the validity of its content. As the response from the plaintiffs in opposition to the Application to Intervene put it,

Second, if Applicants were correct that there is a First Amendment right of parents to dictate the content of public school curricula, that right would eviscerate the well-recognized authority of school districts to set their own curricula. (p. 7)

The Rutherford Institute’s argument has developed and been elaborated in the seven years between Kitzmiller and Freshwater, but it rests on the same foundation: A claimed First Amendment right to allow anything at all to be taught in science classes, subject only to the idiosyncratic wishes of individual parents or teachers.

For more, see NCSE’s Archive of Rutherford Intervention documents.

Added in edit: I’m not sure I made it clear that Judge Jones denied the request to intervene in Kitzmiller.

Over at Thoughts from Kansas, Josh Rosenau has a much more thorough critique of Coyne’s Evolution article than I had time to write. Rosenau’s got a major family event in progress, so it wasn’t trivial for him to find the time. Rosenau mostly addresses Coyne’s statistical arguments, which are, well, strained.

Some major points:

1. Coyne’s attempt to blame religion-in-general for creationism (instead of, say, fundamentalism) using correlations between economics, religion, and creationism, misses a huge and obvious alternative hypothesis, which is that the real explanatory variable in changing minds to accept evolution is level of education.

2. Science education is too important to hold it hostage to some absolutist goal of eradicating religion (which is probably impossible on any foreseeable timeframe anyway, and which IMHO has no guarantee of solving more problems than it causes). Rosenau’s summary is apt:

Photograph by Steve Hedderton.

Megascops asio – Eastern screech owl, Middletown, New York.

One of the salient properties of anti-evolutionist coverage of the Freshwater affair has been a systematic misrepresentation of the case. On various anti-evolutionist blogs and Christian news outlets, the case has consistently been characterized as being concerned solely with Freshwater’s personal Bible on his desk, excluding any mention of the various religious items displayed in his classroom, his use of blatantly creationist materials in class, his insubordination, and his multiple mutually contradictory accounts of what he in fact taught and what he did with the Tesla coil. In a recent report of an interview with Freshwater all those themes are repeated. It’s of note that the interview is on a web site with the motto “Restoring Truth to History Class,” one of whose recent emphases appears to be on Islamic infiltration into public school curricula in the U.S.

Given the false statements in its Freshwater story, I wonder what “truth” means to that site. The first paragraph of the story has four sentences. Every sentence has an error of fact. Below the fold I’ll walk through parts of the story, pointing out some of the distortions, misrepresentations, and plain falsehoods it contains.

Jerry Coyne has just gotten many of his oft-repeated New Atheist talking points published in the premier journal Evolution. You can read it here (blog here). On a first skim through the article – all I can manage in the near future, I’m afraid – here are a few points which are problematic for Coyne’s position, which I would have liked to see him address:

It has been announced that Robert Sokal died on April 9. I wrote a brief obituary here last autumn for his co-worker Peter Sneath. Together they pioneered the use of clustering algorithms in taxonomy, and argued for the adoption of phenetic methods based on clustering there. While they were ultimately unsuccessful in this, they became founding fathers of work on mathematical clustering, and their book Principles of Numerical Taxonomy was widely-noticed and greatly stimulated the development of phylogeny algorithms. A paper by Michener and Sokal (1957) is, as far as I can tell, the first one publishing a numerical phylogeny. His publication of the 1965 paper by Camin and Sokal in Evolution, and a visit he made to the University of Chicago that year, inspired me to start working on phylogeny algorithms.

Robert Sokal in 1964 at the International Entomological Congress in London	Bob Sokal, more recently

Bob’s Stony Brook colleague Michael Bell has written a fine obituary, which I reprint below with his permission.

Williamstown, Kentucky, a city that is apparently near the fantasied location of the Ark Park (or is that the location of the fantasied Ark Park?) Is apparently letting that fantasy go to its corporate head, according to this article. The funniest line in the article? I am glad you asked:

The plans are based on the needs of the city and not the needs of the Ark Encounter, said [spokesman for the Kentucky League of Cities Tad] Long.

Inspired (I think) by that article, reader Dan Phelps sent us the following proposal to develop a coastline to spur economic development in Kentucky.

Recall that John Freshwater, former middle school science teacher in the Mt. Vernon (Ohio) City Schools, appealed his termination to the Knox County Court of Common Pleas, which denied his appeal. He then appealed to the Ohio 5^th District Court of Appeals, which also denied the appeal. Now he is appealing to the Ohio Supreme Court. Today he filed a Memorandum in Support of Jurisdiction (MIS) with that court. The MIS is filed by R. Kelly Hamilton, Freshwater’s personal attorney, who is identified as “Affiliate Attorney with The Rutherford Institute”. The appeal document is up on NCSE’s site.

I have not done a detailed comparison of Freshwater’s (really, Rutherford’s) appeals court brief with the Supreme Court appeal, but a fast reading suggests they make essentially the same arguments.

In the Supreme Court document, which is essentially a condensed version (14 vs. 33 pages) of the brief submitted to the Ohio 5^th District Court of Appeals, Freshwater once again makes the academic freedom and free speech arguments that were raised in his 5^th District brief, as well as raising the “religious hostility” argument he made in that appeal. Both documents refer to “competing academic theories,” echoing the appeals brief’s claim that Freshwater only taught “alternative theories,” never mentioning the intelligent design and creationist materials he used. His behavior in that regard is called “neutrality toward religion.” The MIS says that

The fact that one competing theory on the formation of the universe and the beginning of life is consistent with the teachings of multiple major world religions simply does not justify interference with students’ and teachers’ academic freedom.

…

Additionally, the Board’s action manifests a clear and distinct hostility toward the major world religions whose teachings are consistent with the alternative theories discussed in Freshwater’s classes. (pp. 5-6)

As with the appeals court brief, the appeal to the Supreme Court does not actually get around to mentioning just what “alternative theories” Freshwater taught. In sworn testimony in the administrative hearing Freshwater denied teaching creationism. In an interview with faux-historian David Barton, Freshwater claimed to have taught “robust” evolution, teaching the evidence for and against. Now he says he taught “alternative theories.” One wonders what they were. Lysenkoism? Lamarckism? Mutationism? What?

The appeal claims that “Moreover, the academic freedom concern expressed here is of heightened importance because it involves the banishment of academic theories from the classroom based solely on the fact that they are consistent with certain religious traditions.” That is the core of the Rutherford Institute’s approach in this case, and represents an instance of the broader ID strategy to reverse the causal arrow between creationism and religion. It seeks to make the former the prime mover, not the latter. By very carefully not naming the “alternative theories” Freshwater supposedly taught, the Rutherford Institute is once again trying to slide creationism into public school curricula without actually naming it. It’s just coincidence that religion-based creationism is consistent with those alternative academic theories. Nothing to see here, folks. Move along.