Freshwater: Hearing documents up at NCSE

Posted 20 September 2010 by

UPDATE It turns out that the documents were not officially released. I have therefore asked NCSE to take them down and they've done so. I was misled by a posting on Accountability in the Media which said Hamilton's brief "was released Thursday" (Sep 17). I inferred that it had been released by R. Lee Shepherd, the referee and that all the documents were publishable. It now turns out that's not the case; Shepherd has not yet released the documents. ======================== The five final documents submitted to the referee of the administrative hearing on John Freshwater's termination are up on NCSE's site. They are the Board of Education's summary brief, Freshwater's summary brief, the Board's reply to Freshwater's summary, Freshwater's reply to the Board's summary, and an amicus brief submitted by the Dennises. Happy reading!

120 Comments

Hieronymus Fortesque Lickspittle · 20 September 2010

Thanks as always Richard, I think this will take a while!

Hieronymus Fortesque Lickspittle · 20 September 2010

I couldn't read the Freshwater reply to BOE carefully because it made my head hurt. It was nothing more than a diatribe, a lengthy rambling and repetitive diatribe. It had the same tone of the more crazy rambling religious screeds you see on the Internet where they equate Obama with the Antichrist or explain how the book of revelation clearly shows the apocalypse is near. It's more like street corner preaching and not the kind of writing expected in a hearing like this.

Doc Bill · 20 September 2010

The opening paragraph of the Board's reply
Mr. Freshwater’s one hundred and sixty six page brief is long on scurrilous personal attacks and short on supporting facts and law. Much of his brief contains arguments and statements that are irrelevant to the issues before this Referee. Therefore, this reply will attempt to address only those misrepresentations, mischaracterizations and misapplications that are germane to the termination of his teaching contract.
Exactly my point! As I read through, painfully, Freshwater's ramblings I was struck by how much of it just didn't pertain to the matter at hand. Way more fluff than substance! Glad the Board focused on the relevant stuff only.

Gary Hurd · 20 September 2010

I greatly enjoyed reading the Board's response to Freshwater/Hamilton's crap Summary Brief.

Gary Hurd · 20 September 2010

Cowabunga! the "Freshwater Reply to BOE" is freaking 5.56 meg's.

That will wait until tomorrow.

Doc Bill · 20 September 2010

This is too rich. It's been a double feature for me tonight. First, I watched Chris Hitchens wipe the debate floor with the limp rag David Berlinski who at one point was incapable of replying. And now this! I recall, maybe incorrectly, and this goes back a couple of years, that Freshwater replied in writing to his principal that he would comply with all requests EXCEPT removing his Bible from his desk. If memory serves, Freshwater threw down the gauntlet and wrote that if that made him insubordinate then so be it. Of course, it was a deliberate act of defiance and, therefore, insubordinate. The board replies:
The Board’s Brief sets forth that Mr. Freshwater understood exactly what was to be removed and need not be repeated here. No amount of tap dancing will permit Mr. Freshwater to escape the natural consequences of his decision. No attempt to shirk his responsibilities under the Establishment Clause will permit him to blame the administration for his own conduct. Plain and simple, Mr. Freshwater engaged in insubordination when he repeatedly failed to adhere to the directives of his supervisors. As such, Mr. Freshwater may be lawfully terminated based upon “good and just cause.”
This is what the case boils down to in my opinion: personal responsibility. If Freshwater had taken, or to this day would take, personal responsibility for his personal actions then all of this would go away. Perhaps not favorably to Freshwater, but there you have it. Freshwater's excuses have been that somebody else is at fault, the administration, the Dennis family, the HR investigators, the Board, the students, the Tesla coil; anybody but John Freshwater. And, I don't think it's a lesson he's going to learn any time soon.

Wayne Francis · 21 September 2010

Just reading through the freshwater closing brief and this is the foot note on page 5

[quote]17 Employee Exhibit 148, pgs. 45-46, the words “make a point” were never used by John Freshwater nor the
inquisitioners from HR on Call, Inc.[/quote]

inquisitioners? HR on Call, Inc has specialized training in interrogation and torture?

Wayne Francis · 21 September 2010

another bible reference.

Without question, the seeming ability and resources of a BOE in comparison to that of a singular teacher in this context creates a resource gap between the teacher and BOE that is as vast as that of David versus Goliath

Why do I get the feeling I'm going to read many more biblical references. I won't be surprised if Freshwater is likened to Jesus.

truthspeaker · 21 September 2010

Without question, the seeming ability and resources of a BOE in comparison to that of a singular teacher in this context creates a resource gap between the teacher and BOE that is as vast as that of David versus Goliath
This would carry more weight if Freshwater hadn't both refused to join the teacher's union and declined to read the employment contract that spells out what resources are available to him.

Alan · 21 September 2010

So we wait for the referee decision and report, then what happens?

Can you give us an idea as to what will happen if the decision goes either direction?

Thanks for the excellent reporting.

DS · 21 September 2010

Somehow I think the outcome is going to be slightly less favorable for poor little David this time around. After all, he ran up and kicked the giant in the shins, then spit on him. When he was asked politely to stop, he started screaming and crying, then hired someone to scream and cry with him. Then he realized that all he had was a tesla coil and not a stone to be found anywhere. Needless to say, the giant was not amused. I'm sure he still thinks that god is on his side and will come along to save him at the last minute. But if that is true, why does he keep delaying the last minute?

Kevin B · 21 September 2010

DS said: Somehow I think the outcome is going to be slightly less favorable for poor little David this time around. After all, he ran up and kicked the giant in the shins, then spit on him. When he was asked politely to stop, he started screaming and crying, then hired someone to scream and cry with him. Then he realized that all he had was a tesla coil and not a stone to be found anywhere. Needless to say, the giant was not amused. I'm sure he still thinks that god is on his side and will come along to save him at the last minute. But if that is true, why does he keep delaying the last minute?
It would appear that the Board had the right idea in appointing Mr David Millstone as their lawyer. Incidentally, does anyone else find the shoe spam a refreshing change from the Freshwater submissions? It is, at least, brief and to the point. :)

jasonmitchell · 21 September 2010

from the BOE response to Freshwater's statement

VII. CONCLUSION
“A teacher affects eternity, he can never tell where his influence stops.” The Education of Henry Adams, Chapter XX, Henry Adams, 1905 (The Project Guttenberg, Jan. 2005). As our educators have a broad and enduring effect, it is imperative the rights of the students left in their charge are guarded with vigor and diligence. John Freshwater taught in Mount Vernon Middle School for twenty-one years. He accepted an enormous responsibility to educate, protect and guide thousands of students. Mr. Freshwater failed to live up to his responsibility:
• Mr. Freshwater engaged in religious advocacy and promoted his Christian faith until he was removed from the classroom after the 2007-20008 school year;
• Mr. Freshwater improperly used a Tesla Coil to burn 500-600 students and put them in harm’s way;
• Mr. Freshwater exceeded his role as a monitor of the FCA by participating in its activities rather than serving as a non-participant; and
• Mr. Freshwater intentionally and publicly refused to follow legitimate directives of his supervisors, engaging in gross insubordination.
Each one of these actions constitutes good and just cause for the termination of Mr. Freshwater’s employment with the Mount Vernon City School District.

the 1st, 2nd and 4th points Freshwater ADMITTED to (or admitted to facts that support the conclusions of the 1st 2nd and 4th points) in his own testimony - obviously he's clueless that doing these things (and admitting it) WILL cost him his job. Was it Lennie Flank who said -" just let a creationist keep talking, he'll eventually hang himself" or something like that?

I can't wait for the civil cases :)

Gary Hurd · 21 September 2010

OK!

I am so glad I waited to read the Freshwater response to the BOE Summary Brief until this morning. There is much humor. For example, the opening statment that:

Representatives For The Board Of Education Have Lost Their Way

"The weak gravamen of the allegations against John Freshwater becomes patently obvious when reading the Post-Hearing Brief for Mount Vernon City School District. But the blatant disregard for the most basic elements of justice, fairness, the law and ethics, demonstrates representatives for the board of education (BOE) have completely lost their way in the misguided approach to presenting its arguments in the work product submitted on behalf of the employer.

The writer(s) of the BOE's post-hearing brief shows they are foolhardy, or possess an
impression that John Freshwater and the undersigned would not recognize a gross violation of established law regarding ex post facto application of succeeding law, violations of R.C. 3319.16 requiring specification of any violation by the legislative body of the BOE and improper injection of materials into their BOE's post-hearing brief."

is followed by Hamilton's warning to the referee not to be taken in by:

Fallacy of question-begging epithet: When emotional, inflammatory language is used in lieu of actually proving something, the author is hoping that the reader will respond in a hysterical impulsive manner without actually evaluating the merits."

It makes Baby Jesus cry.

Gary Hurd · 21 September 2010

I have not been able to find a copy of the BoE termination letter to Freshwater sent in July, 2008.

Does anyone have a link ot the PDF?

jason mitchell · 21 September 2010

I hope that there are some outcomes/ messages sent as a result of this:

Teachers - YOU CAN LOSE YOUR CAREER/PENSION if you proselytize in class - don't do it

administrators- Your district can lose millions of $$ in administrative /court costs + other liabilities if you let your teachers proselytize in class - don't let them!

Flint · 21 September 2010

Unfortunately, the lesson school administrators are likely to learn is, if you have a proselytizing teacher and you try to fire him, it will cost your district millions. Don't try it. And the lesson to the bible-pounding teachers is, the administration can't afford to pay for the legal troubles you can cause if they take any action against you, so OK class, bow your heads while we all pray to Jesus.

_Arthur · 21 September 2010

The Board summary ends with this well-known quote:

"It is ironic that several of these individuals, who so staunchly and
proudly touted their religious convictions in public, would time and
again lie to cover their tracks and disguise the real purpose... "

Mr. Freshwater obviously lied a few hundred times during the proceedings, as evidenced by his own conflicting stories. He went as far has forging "notes".
His lawyer is just as worse.

Gary Hurd · 21 September 2010

When I read Hamilton's writing, I am struck at how similar it is to creationist writing in general- tortured logic, shifting meaning of words, unsupported assertions, and impugning the motivation and morality of others.

And, I wonder if they really are that crazy.

Gary Hurd · 21 September 2010

Flint said: Unfortunately, the lesson school administrators are likely to learn is, if you have a proselytizing teacher and you try to fire him, it will cost your district millions.
It will depend on the results of the termination hearing and civil trial. It (should) send the message that if you proselytize, you will lose your job, and the family farm.

Gary Hurd · 21 September 2010

The absolute crazy is in "D. Response to Insubordination" where Hamilton claims that it was the Administration's responsibility to physically remove the objectionable religious displays from Freshwater's classroom.

"Instead of making corrective efforts, the Administrators, Principal White and Superintendent Steve Short, suborned insubordination in gross dereliction of duty and abuse of power." Page 69, JOHN FRESHWATER'S REPLY BRIEF TO THE EMPLOYER'S POST-HEARING
BRIEF

See? They made Freshwater be insubordinate! It wasn't his fault at all! Those evil Administration devils did it. It's their fault!1!1!one! They suborned him, and that is dirty.

Flint · 21 September 2010

It will depend on the results of the termination hearing and civil trial.

OK, I wasn't aware that IF Freshwater loses the termination hearing, nobody has to pay for it. But I remain dubious. I'm still under the impression that somebody has to pay for all that, and Freshwater clearly doesn't have a million dollars. Hamilton probably doesn't either. Would the money come from the insurance company rather than the taxpayers? Which means, ultimately, from those who pay insurance premiums?

JRE · 21 September 2010

Flint said:

It will depend on the results of the termination hearing and civil trial.

OK, I wasn't aware that IF Freshwater loses the termination hearing, nobody has to pay for it. But I remain dubious. I'm still under the impression that somebody has to pay for all that, and Freshwater clearly doesn't have a million dollars. Hamilton probably doesn't either. Would the money come from the insurance company rather than the taxpayers? Which means, ultimately, from those who pay insurance premiums?
Someone will pay for it - without a doubt. There are hundreds of students (a few of which are my children) paying for it right now as summer school was greatly scaled back, full-day K can't be afforded, etc. I think the point that was being made was that the termination hearing is the first step. Losing his job doesn't change a thing for him other than his insurance is no longer covered by the board. The real hurt will be in federal court if and when the civil cases are also found against him. Yes, the school system lost a lot of money, but nothing in comparison to what Mr Freshwater may well lose through the civil cases.

eric · 21 September 2010

Flint said: Unfortunately, the lesson school administrators are likely to learn is, if you have a proselytizing teacher and you try to fire him, it will cost your district millions. Don't try it.
If I were an administrator, the lesson I'd take away from this is: make sure your Principals are enforcing the rules clearly, consistently, and continuously. Because the moment you want to fire someone for being completely and totally out of line, he's going to complain about all those minor bendings of the rules you might have allowed.
And the lesson to the bible-pounding teachers is, the administration can't afford to pay for the legal troubles you can cause if they take any action against you, so OK class, bow your heads while we all pray to Jesus.
Huh? The school hasn't dropped the case because of the money. Given the school's response I think a fundie teacher is likely to take away exactly the opposite of your lesson: no matter how much you (the fundie teacher) try and cost them, how long you drag it out, and how many civil lawsuits you start, they will continue to pursue your termination. Flint, you might complain about a lot of the school's behavior. But one thing they did right was show the determination to see the case through.

jasonmitchell · 21 September 2010

JRE said:
Flint said:

It will depend on the results of the termination hearing and civil trial.

OK, I wasn't aware that IF Freshwater loses the termination hearing, nobody has to pay for it. But I remain dubious. I'm still under the impression that somebody has to pay for all that, and Freshwater clearly doesn't have a million dollars. Hamilton probably doesn't either. Would the money come from the insurance company rather than the taxpayers? Which means, ultimately, from those who pay insurance premiums?
Someone will pay for it - without a doubt. There are hundreds of students (a few of which are my children) paying for it right now as summer school was greatly scaled back, full-day K can't be afforded, etc. I think the point that was being made was that the termination hearing is the first step. Losing his job doesn't change a thing for him other than his insurance is no longer covered by the board. The real hurt will be in federal court if and when the civil cases are also found against him. Yes, the school system lost a lot of money, but nothing in comparison to what Mr Freshwater may well lose through the civil cases.
I thisk/speculate Freshwater believed that once he did his town crier act (declaring in a public forum - "NO, I will NOT remove my Bible")- the admisnistration would back down or at worst push him into early retirement - he would then be able to start his 2nd career (as a hero) at some religious institution - AND he'd have his teacher's pension. Now - (I hope) he loses his pension (a big deal) his job, and he'll have a very hard time getting another job in a public school. (What administrator would want to take the liability risk?). I do not yet know how much the district will be on the hook for once the civil case is resolved - but most likely it would be thier insurance that would pay. (premiums may go up - but 'out of pocket' should be much less than the total liability) The summer school/ full day kindergarten/ program etc. cut backs are pandemic among public schools (funding comes from propery taxes - and real estate values/taxes are in the toilet)

Flint · 21 September 2010

How can we count the number of proselytizing teachers there are in public schools across the country. Would anyone hazard even a ballpark estimate? Might it be in the thousands? Tens of thousands? Here where I am in the bible belt, it's (perhaps much like Mount Vernon) common, accepted, even encouraged. People here would be horrified if anyone suggested that Jesus doesn't belong in science class. Jesus belongs everywhere, at all times!

But we can count the number of legal cases arising from such proselytizing. Let's see, there was one in Dover, and how here's another one. Yes, the fundamentalists lost in Dover and will probably lose here. And how many such cases are NOT being brought? Thousands? Tens of thousands? Why not? Is it possible that the sheer monetary COST of bringing such a case discourages any administrations?

And I may be cynical, but I don't think this case would have come to a head except that Freshwater was physically injuring his students. If he was only preaching at them, this wouldn't have even started. Hey, he's even been burning studends (and proselytizing like mad) for 20 years or more. Finally one individual chose to make a public complaint so conspicuous that they couldn't sweep it under the rug.

I suggest it's possible that thousands of administrations have looked at Dover, and are watching this case, and counting the money, and deciding not to take any action that might lead to litigation or other expensive procedures.

As for these astronomical sums Freshwater will lose, where might they come from? I write a check to my wife for a million dollars every year on her birthday. Do you suppose she's rich, or I'm suffering terrible losses?

As for enforcing the rules with strict consistency, not allowing the fundamentalists to get away with anything (knowing they will PUSH to get away with a little more, and then a little more), this reminds me of Aesop's fable about the mice agreeing to put a bell on the cat - but not being able to agree about who should do it. Why is weeding fundamentalists out of school administations going to be so much easier than weeding them out of the ranks of teachers?

Among creationists, there is tacit agreement that their JOB, according to the Will of an Angry God, is to preach to children. As we saw in the Leonard case, the creationists were willing to jeapordize their jobs, the reputation of their employer, the educational system of their entire state, whatever it took (and it took weaseling, deceit, rule-breaking, etc.) Jesus DEMANDS this of them.

I'm of the firm opinion that the only reason Freshwater and the other fundy teachers and the administration haven't been even more flagrant over the years isn't so much fear of legal costs, as fear that the courts would shut their efforts down altogether. They seem to see themselves as the Jesus Underground doing everything possible to subvert the Godless Liberals who are trying to yank Jesus out of their lives by the roots. There really is a culture war going on here.

Yeah, Freshwater is a martyr now, to the degree that fundy funding can buy him into that role. But in much of the US, he's pretty normal.

eric · 21 September 2010

Flint said: But we can count the number of legal cases arising from such proselytizing. Let's see, there was one in Dover, and how here's another one. Yes, the fundamentalists lost in Dover and will probably lose here. And how many such cases are NOT being brought? Thousands? Tens of thousands? Why not? Is it possible that the sheer monetary COST of bringing such a case discourages any administrations?
Huh? This makes no sense. Both the Freshwater and Dover case arose from parental complaints. Sure, I would agree with you that a school administration probably isn't going to start a long legal battle if no one is complaining about a teacher's behavior. Or if the teacher's actions can be corrected (which seems to have happened in the 'Dear Mr. Taylor' case on an earlier thread). But a lack of court cases is really really weak evidence of your claim of administrative cowardice. Because a much simpler explanation is: a lack of unresolved parental complaints.
I suggest it's possible that thousands of administrations have looked at Dover, and are watching this case, and counting the money, and deciding not to take any action that might lead to litigation or other expensive procedures.
If they correct the teachers behavior wihout a lawsuit, more power to them. I know there are probably some people who would want proselytizing teachers gone, no warning, no exceptions, but personally if they correct their behavior after a warning I'm fine with that.
As for enforcing the rules with strict consistency, not allowing the fundamentalists to get away with anything (knowing they will PUSH to get away with a little more, and then a little more), this reminds me of Aesop's fable about the mice agreeing to put a bell on the cat - but not being able to agree about who should do it.
Senior administrators are responsible for making sure Principals know and follow the rules, Principals are likewise responsible for making sure teachers know and follow the rules. Cat belled. Is it a perfect solution? No - no solution is perfect. But from a process/managerial perspective, all the pieces are there. They just need to be used.

RBH · 21 September 2010

See the update in the OP.

Mike Elzinga · 21 September 2010

eric said: Senior administrators are responsible for making sure Principals know and follow the rules, Principals are likewise responsible for making sure teachers know and follow the rules. Cat belled.
I tend to agree with Flint. I know directly of an a case that was “resolved” with the administration backing off from getting rid of a teacher who was not only grotesquely incompetent in the subject matter he was supposed to be teaching, but he also aggressively proselytized and demeaned other religions in his class. The students routinely tape him doing it; and when confronted with the hard evidence, he denied it. The problem was exacerbated by an administrator who got his administrative experience in Texas and was terrified of the cost and the politics involved in getting rid of him. Instead, he granted this teacher tenure. This is a community in the North. There is a rather large concentration of Calvinistic, reformed type denominations in the area. Duane Gish once harassed biology teachers here. And many biology teachers today are still timid about covering evolution in their courses. There is still a lot of work to do to get biology courses that integrate evolution into the backbone of the course. For every pocket of excellence there are vast expanses of fear and administrative dithering. And parents aren’t always going to be actively engaged in going up against it. They figure their kid will be out of there in a couple of years; so why get involved in a messy hassle? Some parents also look at it as an experience for educating their kid about the stupidity of sectarian religion.

Mike Elzinga · 21 September 2010

RBH said: See the update in the OP.
Oops! I hope that's not going to turn out to be a problem.

Flint · 21 September 2010

But a lack of court cases is really really weak evidence of your claim of administrative cowardice. Because a much simpler explanation is: a lack of unresolved parental complaints.

I see two patternxs here. A pattern of broad proselytizing (not to mention avoiding any mention of evolution in public school) by teachers, combined with broad support or non-interference by school administrations. And a pattern of nearly ZERO instances of teachers OR administrators being chastized or punished for this in any way. If you think that out of probably tens of thousands of such cases, a total of TWO INSTANCES of just punishments is a pattern of justice and enforcement, then we must simply disagree. This is like finding two instances of actions against shoplifters, and concluding that the reason we aren't seeing any other such actions is, these two cases are discouraging all shoplifting! Parents for the most part aren't complaining for the same reason nobody complained against Freshwater for 20 years. Mike is right. Many parents actively support such actions and push Jesus on their kids at home, and many (probably most) of the rest decide it's less aggravation to wait it out, or neutralize the poison at home, or put the kids in some other school, etc. If you are saying that there are thousands (or tens of thousands) of "unresolved parental complaints" being ignored nationwide, then you need to suggest why such massive non-resolution is occurring. Because I'm not only speaking of court cases, I'm speaking about ANY battle to fire or discipline such a teacher or administrator - that is, any resolution attempt. If you are saying that the lack of any such battles indicates there is no underlying reason for such battles, then I think you are flatly wrong. I simply believe that the sheer length and cost of such exercises is discouraging people from getting involved in them. NOT that the fundamentalists are becoming less pushy.

Gary Hurd · 21 September 2010

Well, since we probably should wait a while to discuss the hearing documents, here is a video about the up-coming Texas Board of Education elections that is worth a look;

http://www.youtube.com/watch?v=yWop2lj0UgU

PS: Flint, we can take up the message at a later date.

Chris Elia · 21 September 2010

The documents are no longer on the NCSE site, but they are now on the Accountability In The Media site.

KL · 21 September 2010

I can tell you, from deep in the Bible belt, that the parents that oppose such rot are sometimes too frightened to object. If you take on the school system when they inject religion into science class (and most of them where I live do) these nice Christians burn your house, poison your pets, slash your tires and essentially make it necessary to move away. Who wants to put your family through that?

Juicyheart · 21 September 2010

Just out of curiosity, do you know who published the briefs and responses?

Paul Burnett · 21 September 2010

So does the preliminary release of the documents mean a mistrial or something? Maybe we'll get to start the whole thing all over.

eric · 21 September 2010

Flint said: If you think that out of probably tens of thousands of such cases, a total of TWO INSTANCES of just punishments is a pattern of justice and enforcement, then we must simply disagree.
Except that you haven't shown of tens of thousands of cases, you've just assumed that's the number. You know the drill: the plural of anecdote is not data. And you have no idea what % of these cases get resolved between parents and the school, because unless someone blogs about it, those resolutions are invisible to you. This is an area ripe for selection bias, because the only cases we're going to see in the news are the bad ones. I would agree with you and Mike that these cases exist. But remember you started this conversation with "the lesson to the bible-pounding teachers is, the administration can’t afford to pay for the legal troubles you can cause if they take any action against you, so OK class, bow your heads while we all pray to Jesus." And I just don't see that lesson coming out of this case. The administration clearly did pursue the legal case. They didn't stop and didn't quit because of money. I simply don't see how you think the Freshwater case will teach anyone that administrations will give up. Because they didn't give up.

Flint · 21 September 2010

Except that you haven’t shown of tens of thousands of cases, you’ve just assumed that’s the number.

You are right, of course. If you believe proselytizing teachers are rare, and on the extraordinary event that they occur they are slapped down, then the procedures we're watching are having the effect you desire. So we must agree to disagree. I personally KNOW that around here in Alabama, what Freshwater was "teaching" is pretty much the norm. And in most Alabama communities, ALL the parents support this. And KL is entirely correct - if you stick your neck out to protest, you WILL face retribution.

I simply don’t see how you think the Freshwater case will teach anyone that administrations will give up. Because they didn’t give up.

Sigh. Yes, you are right. They didn't give up. As in Dover, they have cost their district a million dollars, utterly wasted. They'll probably get rid of Freshwater. I keep trying to point out to you that Freshwater did this same thing for TWENTY YEARS!!!! and the administration did nothing. Somehow, this history escapes you, consistently, repeatedly, and tellingly. So we have a known pattern of creationists preaching in public schools. We have a known pattern of creationists SEEKING to teach in public schools for this very purpose. We have a known pattern of parents not willing to face community wrath by protesting it. We have known cases of trying to do something about it (and yes, once they commit they have no way to back out of it, they MUST carry it through, damn the cost). But since nobody can point to all the cases NOT brought, you seem to choose to believe that there is no cause to bring any, rather than believe that the prohibitive financial and social cost of bringing such cases is having a chilling effect. I don't think you understand the dynamic here. There are VERY POWERFUL forces discouraging anything like this case. Financial forces, social forces, forces of history and tradition and common practice and public acceptance and administrative tranquility. You are comfortable believing that these forces simply don't exist and don't need to exist, because actions against teachers are so rare. As an analogy, imagine a county where the cost to the county of charging someone with speeding is a million dollars, and the case will take two years to completed, and quite possibly the judge speeds himself and won't punish speeders anyway. Now imagine that, by golly, there are no speeding arrests in that county. Since there are no arrests, would you conclude that nobody every speeds in that county? That's the pattern I'm seeing here. And yes, teachers in Alabama lead their grade school pupils in prayers to Jesus. Always have. It's taken for granted. Now, I think if enough parents and school districts are willing to eat the costs and consequences and take action against preaching in school, you will see a change. Just like we saw the change from "scientific creationism" to "intelligent design" after Edwards. Each case teaches the creationists to take a new tack, try a different avenue of deceit. A game of whack-a-mole where every whack costs a million bucks but the moles never sleep. Passing and even enforcing laws doesn't silence creationists anymore than education does. So, once again, I think the very clear lesson being learned across the nation is, "don't ask, don't tell" about preaching in public school. Creationists will NEVER stop preaching, they simply can't help themselves. And quite obviously, when they are opposed, they're ready and willing to follow a scorched-earth strategy. They always do.

Dale Husband · 22 September 2010

Flint said: [Defeatist rhetoric to discourage those who want to promote proper science education.]
Unless you can give us a better plan, I see no reason to tolerate science teachers promoting fraud and religious bigotry in their classrooms. Throwing in the towel won't do, since legally we've had the upper hand, even if culturally we seem to be at a disadvantage. How about efforts to reform the legal system to require the loser to pay the attorney fees for both himself and the winner in a civil suit? Then someone like Freshwater would not get away with half his $#it. He'd have gone bankrupt long ago.

The Founding Mothers · 22 September 2010

A quick question about costs:

Are the BOE's court costs (for the Admin Hearing, at least) covered by their insurance? Or does it have to come from, e.g., their annual budget? Or in this case, more than one annual budget?

Flint, I don't think the Freshwater case necessarily has to be representative of all attempts to remove proselytizing from the classroom, even to the extent of firing teachers. Not all teachers will demand a tribunal following disciplinary action, especially when they see how expensive it is to lose. Not all teachers will employ lawyers as willfully incompetent as Hamilton.

I understand that in many areas in the US, religious fervour is so ingrained that compliance with federal law is completely disregarded or ignored, but it only takes one determined parent to bring a case to court.

Dale Husband · 22 September 2010

The Founding Mothers said: A quick question about costs: Are the BOE's court costs (for the Admin Hearing, at least) covered by their insurance? Or does it have to come from, e.g., their annual budget? Or in this case, more than one annual budget? Flint, I don't think the Freshwater case necessarily has to be representative of all attempts to remove proselytizing from the classroom, even to the extent of firing teachers. Not all teachers will demand a tribunal following disciplinary action, especially when they see how expensive it is to lose. Not all teachers will employ lawyers as willfully incompetent as Hamilton. I understand that in many areas in the US, religious fervour is so ingrained that compliance with federal law is completely disregarded or ignored, but it only takes one determined parent to bring a case to court.
Indeed, Flint's claims seem pointless when you consider this: http://www.uua.org/aboutus/findcongregation/results.php?state=AL&go_state=Go%21 Unitarian Universalists that are parents of grade school children need not put up with fundamentalist or Creationist crap for long and should be willing to fight back. It would certainly give a lot of publicity to the UUs. Unless some crazy extremist shoots at them like what happened to the UUs at Knoxville, Tennessee recently, I say go for it! Sue the schools and fight to the bitter end! Then again, even that shooting got us a lot of attention. So why is Flint trying to stop us from doing the right thing? As a UU and an Honorable Skeptic, I find his position incomprehensible.

Ichthyic · 22 September 2010

Throwing in the towel won’t do, since legally we’ve had the upper hand, even if culturally we seem to be at a disadvantage.

you've totally misunderstood what Flint was saying.

he said absofuckinglutely said nothing about "giving up". He is describing the situation, as it is, in most rural districts in the country.

key point:

the BOE did NOTHING about Freshwater for 20 years.

his point was addressing why that is, and why you so seldom see legal cases like that of Kitzmiller and Freshwater, given that indeed at least the poll data shows a large number of creationist teachers in the US, and we also know they like to preach constantly, in class and out.

That said, I think things are also slowly starting to change on those fronts, the creationists are getting more and more desperate, and reaching for ever more ridiculous avenues to maintain their house of cards.

Cases like Kitzmiller and Freshwater are a long time coming, but I think the frequency we see them will start to increase over the next decade.

How about efforts to reform the legal system to require the loser to pay the attorney fees for both himself and the winner in a civil suit?

that IS the way it is in all the states I'm aware of.

Is it not that way in yours?

Dave Luckett · 22 September 2010

Flint is not trying to get anyone to stop opposing creationism in the classroom. He is trying to point out that it's far too soon to declare victory; that victory seems an awfully long way off, from where he sits.

The Courts, or any place where rationality rules, evidence matters, and logic is applied, are always going to rule against creationism in the public classroom, and so long as the First Amendment to the Constitution stands in its current form, religious displays, exercises and evangelising will be formally unlawful there.

Flint is, however, saying that that isn't the point. He lives in a community in which creationism and religion in the school is common, time-honoured and unexceptionable, and is enforced by community sanctions against dissenters up to and including criminal acts. Who is going to tell him that he's wrong?

So the struggle must continue until that situation changes, in every American community. It will not end until each and every teacher on the State payroll knows for sure that if he or she displays a Bible or a Biblical quotation, conducts prayer or other exercises, or teaches non-science as science, he or she will be fired, and that's not a maybe. It'll happen for sure, no matter what the principal, the School Board or the majority of the local parents think.

That situation has not been reached, and nobody for a moment thinks it has been. Freshwater is gone, he's history. He will never teach in a public school again, and his contesting it has sent him bankrupt. Now bring more actions, again, and again, and again, until any teacher or administrator within shouting distance of rational thought understands that they can't get away with this, and keep on doing it until all the people who teach American children in public schools are at least capable of rational thought.

Then declare victory. Or better, have your great-grandchildren do it. Me, I'll be dead.

eric · 22 September 2010

Flint said: I personally KNOW that around here in Alabama, what Freshwater was "teaching" is pretty much the norm. And in most Alabama communities, ALL the parents support this.
Covered in my second response. I agreed with you that an administration isn't likely to start a legal case when no one's complaining. But I also said, and I think its still true, that its nonsensical to claim that every time a teacher spouts off and no one complains, that is an example of fundies 'intimidating an administration' into doing nothing. To borrow a phrase, you are attributing to malice what can be explained by incompetence. An administration probably doesn't punish non-complaint teaching for the much simpler reason that they don't have the resources to do that sort of policing. Its just not sensible to create a count of "suits not brought because Dover and Freshwater were expensive" by including every single time some teacher proselytizes and no one complains.
I keep trying to point out to you that Freshwater did this same thing for TWENTY YEARS!!!! and the administration did nothing. Somehow, this history escapes you, consistently, repeatedly, and tellingly.
It doesn't escape me, I agree with you it happens, and I agree with you that proselytizing in class is wrong. The point I'm trying to make is that sometimes the administration doesn't bring suit or fire the person for reasons that have absolutely nothing to do with the outcome of Dover or this case. Sometimes they resolve the problem amicably (other teachers in Freshwater's school removed their bibles promptly). Sometimes no one complains, so they just do nothing.
But since nobody can point to all the cases NOT brought, you seem to choose to believe that there is no cause to bring any,
You need to reread my posts. I have fairly consistently questioned your logic about what lesson fundie teachers have "learned" from this case. I still do. I don't think it teaches the lesson you say it does. But even when I disagreed with you about your assumptions, I've said that I agree proselytization happens.
As an analogy, imagine a county where the cost to the county of charging someone with speeding is a million dollars, and the case will take two years to completed, and quite possibly the judge speeds himself and won't punish speeders anyway. Now imagine that, by golly, there are no speeding arrests in that county. Since there are no arrests, would you conclude that nobody every [sic] speeds in that county?
I've never said it doesn't happen. Seriously man, quote any of my posts above and show me where I said that. I oppose proselytization and creationism, too. I just think the arguments you're fashioning against it are somewhat poor. Take your analogy. It assumes no instances of speeding get resolved except by speeding ticket. There are no Dale McGowan cases in your analogy. You've assumed non-judicial resolutions don't exist - something we know is not true in the real world. This assumption will inevitably lead to over-counting the number of 'administration intimidations' because when a school resolves a dispute without going to court, you count it as a win for the fundies. You're arguing every suit not brought is evidence of administration cave-in. I still don't buy it.

jasonmitchell · 22 September 2010

Dave Luckett said: Flint is not trying to get anyone to stop opposing creationism in the classroom. He is trying to point out that it's far too soon to declare victory; that victory seems an awfully long way off, from where he sits. The Courts, or any place where rationality rules, evidence matters, and logic is applied, are always going to rule against creationism in the public classroom, and so long as the First Amendment to the Constitution stands in its current form, religious displays, exercises and evangelising will be formally unlawful there. Flint is, however, saying that that isn't the point. He lives in a community in which creationism and religion in the school is common, time-honoured and unexceptionable, and is enforced by community sanctions against dissenters up to and including criminal acts. Who is going to tell him that he's wrong? So the struggle must continue until that situation changes, in every American community. It will not end until each and every teacher on the State payroll knows for sure that if he or she displays a Bible or a Biblical quotation, conducts prayer or other exercises, or teaches non-science as science, he or she will be fired, and that's not a maybe. It'll happen for sure, no matter what the principal, the School Board or the majority of the local parents think. That situation has not been reached, and nobody for a moment thinks it has been. Freshwater is gone, he's history. He will never teach in a public school again, and his contesting it has sent him bankrupt. Now bring more actions, again, and again, and again, until any teacher or administrator within shouting distance of rational thought understands that they can't get away with this, and keep on doing it until all the people who teach American children in public schools are at least capable of rational thought. Then declare victory. Or better, have your great-grandchildren do it. Me, I'll be dead.
I agree that it is premature to declare victory (of the war) even though victory appears emminant (in this particular battle). I sypathise w/ Flint for the situation in his locality (and agree that we HAVE A LONG WAY to go) My point is that, as a parent, I am glad that I have more ammumition - Dover sent the message (if not legal prescident) that school boards that try to endorse creationism can successfully be held accountable ( it cost the district $$ and the board members who endorsed the scheme lost their elected seats) Now (I hope) the message will be sent that (even tenured) teachers who prostelytize can lose thier jobs and pensions. I know that if a situation comes up and I need to addrsss a teacher I can say - "You know, even if you have tenure, teachers have been fired for this and lost thier pensions" and if I need to address an administrator/ school board member I can say - " you know when cases like this have gone to court, the schools LOSE, it costs them lots of money, board members don't get re-elected" It is HUGE that these cases are relatively recent and can be pointed to as exemplars. My hope is that in many parts of the country, parents will be encouraged to speak up and make a difference. I also am saddened by KL's comment ( I am saddened because I BELIEVE IT): "I can tell you, from deep in the Bible belt, that the parents that oppose such rot are sometimes too frightened to object. If you take on the school system when they inject religion into science class (and most of them where I live do) these nice Christians burn your house, poison your pets, slash your tires and essentially make it necessary to move away. Who wants to put your family through that? " obviously we have many battles left to fight - I hope that these terrorist tactics don't spread I hope/believe that using reason and the law (at least in most of the country) will resolve disputes

Flint · 22 September 2010

I agreed with you that an administration isn’t likely to start a legal case when no one’s complaining. But I also said, and I think its still true, that its nonsensical to claim that every time a teacher spouts off and no one complains, that is an example of fundies ‘intimidating an administration’ into doing nothing.

Again, we are not communicating. MOST of the time, this happens because it's both accepted and widely supported. Everyone around where I live is utterly delighted that Jesus is not forgotten in science class. To them, God's in his heaven and all's right with the world. Evolution is "taught" only in Sunday School. However, what cases like Dover and Freshwater do is illustrate to anyone who wants to make an effective protest, that doing so is guaranteed to be prohibitively expensive, win or lose. If YOU were an administrator who tacitly supported preaching in the classroom, and who was struggling with a perpetually inadequate budget, would YOU decide to spend a million dollars your district can't afford, to eliminate somone whose actions you supported? THINK about this, please.

You’re arguing every suit not brought is evidence of administration cave-in. I still don’t buy it.

So you think that cases like these, involving intimidation of parents and expenditure of millions that poor school districts can't afford, are ENCOURAGING parents and administrations to subject themselves to these punishments? Gee, if we don't mind bankrupting our system, losing every school program we can legally lose, having our kids beat up, and gaining nothing in exchange, we too MIGHT be able to fire THIS teacher or prevent THAT creationist doctrine from being read in THAT class. Golly, such a bargain! Where do I sign up? I'm arguing that EXTREMELY EXPENSIVE CONSEQUENCES tend to discourage, rather than encourage, the sort of behavior that results in these consequences. I think this is a no-brainer. I think creationists are WELL aware that it's a no brainer. Eric, we KNOW they're preaching in classrooms across the country, every day. And now anyone who wishes to protest has a couple vivid examples of the potential cost of doing so. I agree Freshwater was a bit overboard, and the other creationist teachers decided to roll with the punches until the Freshwater business blew over. Doesn't stop them from being creationists, of course, or finding other avenues not yet closed off. So perhaps these expensive examples might encourage districts to find administrative solutions. But that's still a risky business, because if some creationist flat refuses to stop his preaching (as Freshwater did), NOW the administration has no choice but to go ahead with the scorched-earth battle. Maybe they can be content with "well, we told him to stop and he didn't but since nobody else knows we told him, we can pretend we didn't and save a fortune." Personally, I wouldn't be surprised if a LOT of that has gone on.

Flint · 22 September 2010

I hope/believe that using reason and the law (at least in most of the country) will resolve disputes

Of course, I do too. Creationists, after all, have always demonstrated themselves to be such reasonable people.

eric · 22 September 2010

Flint said: what cases like Dover and Freshwater do is illustrate to anyone who wants to make an effective protest, that doing so is guaranteed to be prohibitively expensive, win or lose.
I don't see how two examples of boards fighting their cases to conclusion supports the argument that such cases are prohibitively expensive to fight. If they had settled rather than fightinng, that would be some evidence that the cases were prohibitively expensive to fight.
If YOU were an administrator who tacitly supported preaching in the classroom, and who was struggling with a perpetually inadequate budget, would YOU decide to spend a million dollars your district can't afford, to eliminate somone whose actions you supported?
If no one complained? Probably not. If a bunch of parents started talking lawsuit? The fact that the pro-preaching contingent has lost both cases on record, with the pro-preaching sides having to foot most of the bill would certainly make me not want to go to court to defend the teacher. But near as I can figure, you're arguing the opposite. That somehow the expensive fundie losses in both Kitzmiller and Freshwater make it more likely that a pro-preaching administrator would defend a preaching teacher.
I'm arguing that EXTREMELY EXPENSIVE CONSEQUENCES tend to discourage, rather than encourage, the sort of behavior that results in these consequences. I think this is a no-brainer.
It is a no brainer: the losing side, who bears the most losses, is the side whose behavior will be most likely modified by it. And the losing side in both cases were the creationists. C'mon man, Dover was a win for us. You seriously don't think so?

eric · 22 September 2010

D'oh! Sorry about the duplicate everyone...

Mike Elzinga · 22 September 2010

eric said: It is a no brainer: the losing side, who bears the most losses, is the side whose behavior will be most likely modified by it. And the losing side in both cases were the creationists. C'mon man, Dover was a win for us. You seriously don't think so?
I appreciate your optimism; and some of it is justified. However, it was the taxpayers who picked up the tab in the Dover case. This has generally been the rule. Very few ID/creationists get hit in the pocketbook for their shenanigans. In fact, some (Dembski for example) make money off the war. In the particular case of which I have direct knowledge (as well as another case that occurred in about the same time frame in this county), the schools lost, and the parents lost; both because of administrative decisions. When the administrators backed down, the teacher was retained and the other teachers not only have to carry an extra load, the entire program has been compromised permanently (or until the incompetent teacher retires or leaves). In the case where the administrators did not back down, the offending teachers no longer (openly) push ID/creationism; but the hearings went on for nearly a year with threats of lawsuits and numerous extended meetings and hearings. The taxpayers picked up the tab for this one also. My impression of these instances is that most teachers and administrators in the schools are blind-sided by the emergence of ID/creationism while the ID/creationists are fully aware of what they are doing and making tactical decisions about how to go about it. We have churches in this community that are in direct contact with Ken Ham and the materials from AiG. Ham has been here recently. We know these churches are politically active, they have lots of money, and they are constantly thinking about this kind of meddling.

dogmeat · 22 September 2010

Flint said: Unfortunately, the lesson school administrators are likely to learn is, if you have a proselytizing teacher and you try to fire him, it will cost your district millions. Don't try it. And the lesson to the bible-pounding teachers is, the administration can't afford to pay for the legal troubles you can cause if they take any action against you, so OK class, bow your heads while we all pray to Jesus.
Actually the lesson for administrators should be to properly supervise their teachers and document issues and incidents like those in the Freshwater case. From the testimony presented in the case, a huge part of the Freshwater defense is the argument that administration knew what he was doing for years and didn't say "boo" so why is it now an issue. Were he not able to make this argument, this hearing likely wouldn't even have been scheduled since even Hamilton would have seen from day one that it was a case that could not be won. Because administration was (apparently) lax in their corrective actions and documentation regarding Freshwater, it gave his attorney an opportunity to defend him where a properly implemented and documented improvement plan would not have left such a loop-hole.

eric · 22 September 2010

Mike Elzinga said: However, it was the taxpayers who picked up the tab in the Dover case.
Well, yeah, because it was the taxpayer-elected board that broke the law. I think this falls under Churchill's "worst option except for all the others" advice. It sucks that the DI can stand in the background and encourage political dupes to pass bad policies. But an alternative "get the advisors" law may suck worse. No sane person would advise a BOE, and bad BOEs could just pass the buck.
My impression of these instances is that most teachers and administrators in the schools are blind-sided by the emergence of ID/creationism while the ID/creationists are fully aware of what they are doing and making tactical decisions about how to go about it.
You're probably right about that. So I think one thing parents can do is come well-armed with educational and legal materials to help explain the "back story" to administrators, like Dale McGowan did. Maybe a creationist administrator will be unswayed. But tellingly, in both cases the BOE's legal counsel had their head on straight. Maybe a lesson learned is to get him/her in the conversation, because if the school won't pay attention to a mere concerned parent, they may still listen to their own lawyer. In Dover that didn't happen, but no advice is going to foolproof. The goal is not to come up with a magic bullet but to gather a set of effective means of fighting creationism. Getting the school to consult their own lawyer may be one such means.

Flint · 22 September 2010

I don’t see how two examples of boards fighting their cases to conclusion supports the argument that such cases are prohibitively expensive to fight.

Uh, because these examples both cost a prohibitive amount of money to fight? Think of, I don't know, the sticker on a Porsche Carrera. It's very large. If you "can't see" how this "supports the conclusion" that the number on that sticker is very large, then I can't help you.

But near as I can figure, you’re arguing the opposite. That somehow the expensive fundie losses in both Kitzmiller and Freshwater make it more likely that a pro-preaching administrator would defend a preaching teacher.

Astounding. I'm arguing the EXACT OPPOSITE - that the expense makes even anti-preaching administrators look the other way. I really don't know how to make it any clearer. Administrators DO NOT WANT to fight. Especially if it costs money. They would MUCH rather just ignore it if at all possible. Which they're doing. Now that they know how much it MIGHT cost to fight, I suspect they're closing their eyes AND looking the other way. I can't blame them. And now that creationists know the costs they can force the district to incur if they threaten a battle, they have enormous leverage. If I were an administrator, if I cared about the taxpayers, I'd regret hiring a creationist teacher and hope he retires soon. Unless I were a creationist administrator.

It is a no brainer: the losing side, who bears the most losses, is the side whose behavior will be most likely modified by it. And the losing side in both cases were the creationists. C’mon man, Dover was a win for us. You seriously don’t think so?

Are you kidding? Do you count the taxpayers, the parents, the students, and all the other losers? Why not? Yes, Dover was a win insofar as Judge Jones' opinion can be used to grease the process and hopefully contain the cost of subsequent actions. But if I were an employee and I knew that I could accurately and predictably threaten my employer with a million dollar expense to fire me, I would certainly take advantage of that. You don't seem to understand creationist tactics. Here's another example: SLAPP suits. The idea isn't to win any particular suit, the idea is to make protest too expensive. Another example: when the battle to outlaw guns failed, the anti-gun people started to sue the gun manufacturers for every criminal misuse of their product. NOT to win any suits - the manufacturers won them all. But to bankrupt the industry fighting even winning legal battles against these suits. Gun manufacturing is small business, and doesn't have deep pockets. Sue them into the grave! And in this sense, cases like these are NOT wins. If I were a creationist, I would gladly extort a million bucks from a rural school system just to set an example to all other rural school systems - if you try to fire or silence a creationist, you will bankrupt your system for EACH creationist you try to discipline. And we creationist teachers are legion, and new ones are entering the system all the time. We are bound by GOD to preach at every opportunity until the second coming. The younger the better. And man's fallible laws are no impediment. Now, if instead of prohibitively expensive court cases, administrative hearings, etc. we got immediate summary slapdowns with stiff fines, probably the situation would reverse (except for the personal retaliation against the family that instigates the protest). But the cost of suspending due process for creationists is itself prohibitive.

DS · 22 September 2010

Flint wrote:

"Administrators DO NOT WANT to fight. Especially if it costs money. They would MUCH rather just ignore it if at all possible. Which they’re doing. Now that they know how much it MIGHT cost to fight, I suspect they’re closing their eyes AND looking the other way. I can’t blame them.'

Well if outraged parents file law suits they have to fight, they have no choice. Either that or just give in and hand over the money. As long as decent law abiding citizens have the courage to stand up to the criminal behavior of creationists, the only way for a school system to avoid these costs will be to not allow this behavior. That is what they should be afraid of. This is the only defense they have. It doesn't matter if 99% of the parents are willing to look the other way, if even one parent takes action the school will lose big time. Why risk a potentially devastating legal defeat just to misrepresent the science they has a sworn duty to teach? They can still preach in church, unless they can't hack it there either.

And of course, if they allow this crap to go on in the classroom they will have subverted the educational system that they are duty bound to uphold, not to mention the constitution of the United States of America. One country under Canada...

eric · 22 September 2010

Flint said: [I'm arguing] that the expense makes even anti-preaching administrators look the other way.
Okay Flint, then what do you recommend? We not fight in court? What's your lesson learned for us, not for the creationists? You seem to be saying that when we lose we lose and when we win we lose...or at least its pyrrhic. And you said yourself that the cost of abandoning due process just to get creationists is prohibitive. So, what is the best available course of action we can take? In your opinion, is it better to fight in court knowing that a win could give future creationists some financial "leverage," (because no single side in a legal dispute has control over the totality of court costs), or not fight in the legal arena at all? Or is there a third option?

The Founding Mothers · 22 September 2010

Flint said:

I don’t see how two examples of boards fighting their cases to conclusion supports the argument that such cases are prohibitively expensive to fight.

Uh, because these examples both cost a prohibitive amount of money to fight?
Sorry, Flint, much of what you say seems reasonable, but this statement is logically flawed. If these examples were prohibitively expensive to fight, they would not have been fought to conclusion. The cost did not prohibit the end of the fight. The costs associated with these 2 paricular examples may scare off others in a similar position, but these examples obviously did not cost a prohibitive amount of money to fight. Can anyone with legal experience suggest how often Wrongful Dismissal Tribunals actually occur, simply because the dismissed party is unhappy with being sacked? Conversely, how easily can a teacher be fired for breaking the law, without the case having to go to a tribunal? I'm wondering, because the loser in a civil suit will have to bear costs for both sides, but it's still unclear to me how much the winner in a wrongful dismissal tribunal (e.g., the BOE, assuming they follow the correct procedure) has to bear, how much will be covered by insurance, and how much the loser has to cough up.

dogmeat · 22 September 2010

Flint said:

But a lack of court cases is really really weak evidence of your claim of administrative cowardice. Because a much simpler explanation is: a lack of unresolved parental complaints.

I see two patternxs here. A pattern of broad proselytizing (not to mention avoiding any mention of evolution in public school) by teachers, combined with broad support or non-interference by school administrations. And a pattern of nearly ZERO instances of teachers OR administrators being chastized or punished for this in any way.
Actually, unless you happen to be in the profession and can vouch for this claim with direct evidence, you're making an unfounded assumption. I can give you a small case study based upon my own experience as an educator. I've taught in three different school districts, two very liberal, my current district very conservative. In the liberal districts is was effectively unheard of for biology teachers to suggest that there was anything but evolution that could describe the process of life on our planet. A few students would complain, one even pushed to have an opportunity to present "the Truth™," to the rest of his flock errr classmates, but he was informed that biology class wasn't a debate and, unless he had evidence to support his position, it was inappropriate to present unfounded faith/belief as science. In my current district the difference is quite marked. I teach social studies and have had a number of kids complain because I suggested that Darwin wasn't an evil maniac, that theories weren't guesses, and that the Dover ruling wasn't "false." We've had teachers who have pushed to teach "all of the theories;" one even presented me with one of those hideous biblical "science" books that presented hydo-plate theory as an explanation for the flood, etc. In the two cases I know of where evidence arose that the teachers were "enhancing" state standards, I also know that both teachers were reprimanded for it and counseled to teach the proper state standards, etc. Also, realize that this is a district where a parent tried, through two of their children, to get a top notch biology teacher fired because they refused to allow the teaching of "the multiple theories of life" in their class. They failed despite taping the teacher, harassing the teacher and the administration, speaking out at board meetings, etc. This is definitely a problem, and it is right to be concerned that teachers and administrators take the right message from this case, but to assume that this (and Dover) are just two of tens of thousands of cases and that all of the others are just being ignored is going a bit too far.

jasonmitchell · 22 September 2010

DS said: Flint wrote: "Administrators DO NOT WANT to fight. Especially if it costs money. They would MUCH rather just ignore it if at all possible. Which they’re doing. Now that they know how much it MIGHT cost to fight, I suspect they’re closing their eyes AND looking the other way. I can’t blame them.' Well if outraged parents file law suits they have to fight, they have no choice. Either that or just give in and hand over the money. As long as decent law abiding citizens have the courage to stand up to the criminal behavior of creationists, the only way for a school system to avoid these costs will be to not allow this behavior. That is what they should be afraid of. This is the only defense they have. It doesn't matter if 99% of the parents are willing to look the other way, if even one parent takes action the school will lose big time. Why risk a potentially devastating legal defeat just to misrepresent the science they has a sworn duty to teach? They can still preach in church, unless they can't hack it there either. And of course, if they allow this crap to go on in the classroom they will have subverted the educational system that they are duty bound to uphold, not to mention the constitution of the United States of America. One country under Canada...
which is why the Freshwater case is so BIG - as far as I can recall - this is the 1st case where the offender actually loses financially- the offenders is Dover didn't personally lose a dime (the tax payers did) - in this case Freshwater will lose his pension! (and his farm)

Gary Hurd · 22 September 2010

Flint said: Administrators DO NOT WANT to fight. Especially if it costs money. They would MUCH rather just ignore it if at all possible. Which they're doing. Now that they know how much it MIGHT cost to fight, I suspect they're closing their eyes AND looking the other way. I can't blame them.
The school administrations did not bring either the Dover, or Freshwater issues to court- it was parents. The administrators in the Freshwater case had "looked the other way" for years because (I suspect)they are in substantial agreement with Freshwater. This is why we disagree- the Admin never wanted to have a case. They were clearly intimidated by Freshwater, and he knew it. It is parents that drove the issue, and these cases show parents that they will win. These cases also show the Admin that they will lose, and so they had better clean up their act before an angry parent drops a nuke on them.

John_S · 22 September 2010

If school boards (and voters) have any sense at all, they'll look at Kitzmiller and say "if some liberal, atheist, pansy-assed wine-tasting, Starbucks-moccachino-sipping, opera loving, illegal alien who who doesn’t like sports and reads the NIV Bible instead of the KJV and thought his grandmother was a monkey takes this to court, we'll lose and it'll up everybody's taxes by $100 a year. Then they'll all come after us with torches and pitchforks". Then the school board and the administration will come down on the proselytizer. If they don't, then the community gets what it deserves.

Flint · 22 September 2010

Okay Flint, then what do you recommend? We not fight in court? What’s your lesson learned for us, not for the creationists? You seem to be saying that when we lose we lose and when we win we lose…or at least its pyrrhic. And you said yourself that the cost of abandoning due process just to get creationists is prohibitive. So, what is the best available course of action we can take?

OK, this is a good place to start. The real problem here (as I read it, of course) isn't the monetary cost of such battles, so much as the sheer number of creationists doing their damndest to weasel into the school systems and preach to the limit their local circumstances permit. They represent, again in my opinion, a powerful force of evil well out of proportion to their numbers because of their sheer relentless determination.

Why risk a potentially devastating legal defeat just to misrepresent the science they has a sworn duty to teach?

Glad you asked, because I actually did. And the answer was, no matter what the law says, no matter how much it costs, if even ONE SOUL is kept out of hell, it's worth it no matter what. These people are like soldiers who bravely continue to fight knowing they will be killed. For God and Country!

Sorry, Flint, much of what you say seems reasonable, but this statement is logically flawed. If these examples were prohibitively expensive to fight, they would not have been fought to conclusion. The cost did not prohibit the end of the fight.

OK, let's play your semantic game. For most school boards, the cost is prohibitive, and that's why we see so very very few despite all the preaching we know is going on nationwide. For those few (all both of them), the cost was enormous but didn't prohibit it from being paid. And setting an example. Basically, a free country that guarantees due process of law, freedom of religion, and the underlying philosophy of permissiveness inherent in personal liberty, is unavoidably at a severe disadvantage against those who are committed to misuse them to generate maximum disruption and distress in the interests of their religion. And we can't even disqualify potential grade school teachers on the grounds that they're creationists; that's unconstitutional. And so what I'm saying is that these cases are not magic bullets. The enemy isn't Freshwater, so much as that 55% of polled Americans believe people were created in their current form within the last 10,000 years. Once people are beyond a certain age, perhaps 6 or 7, NO amount of education can cure this. I admit I'm discouraged that there have not been FAR more such battles than there have been. Where I am, Freshwater would be applauded by nearly everyone, and the few exceptions wouldn't consider protesting to be worth the retaliation. We have to live here, you know? I agree we have to fight these battles whenever we can. But the cost of doing so isn't in our favor.

As long as decent law abiding citizens have the courage to stand up to the criminal behavior of creationists, the only way for a school system to avoid these costs will be to not allow this behavior.

I agree, if enough outraged parents rise up, things will get done. But in much of the country, the parents aren't outraged, they are delighted. To them, church is everything and everywhere. Scratch them (or Cal Thomas), and you'll find they are vehemently convinced that the constitution is WRONG, and it's their DUTY to ignore it in God's name. And this is at the heart of the problem. More Americans are willing to stand up to the Liberal Atheist Persecution Conspiracy, than to stand up for science they were never taught and don't understand except they know it's wrong.

This is definitely a problem, and it is right to be concerned that teachers and administrators take the right message from this case, but to assume that this (and Dover) are just two of tens of thousands of cases and that all of the others are just being ignored is going a bit too far.

You may be right. I certainly can't count the cases not brought, or the parents intimidated by community zealotry. I hope your school is more common than my experience suggests, but my experience is also limited. There's an old aphorism that first-class people hire first-class people, and second-class people hire third-class people. IF the teachers and administrators are vigilent, it should be enough. If you know a formula for courage, effective enough to give administrators backbone in Kansas, by all means publish it. Of course, such people must be elected by a bible-pounding constituency, running against someone bankrolled by the Discovery Institute...

this is the 1st case where the offender actually loses financially- the offenders is Dover didn’t personally lose a dime (the tax payers did) - in this case Freshwater will lose his pension! (and his farm)

So you're saying Creationists aren't willing to be martyrs to their faith when the threat of financial ruin seems real enough? Kind of like Kent Hovind admitting he owed taxes and accepting a plea bargain? Or like Dembski backing off his claims to keep his jobs when he was proved wrong? I don't know, maybe most creationist teachers are cowardly, and will play Judas to keep their bank accounts. I hope so.

Flint · 22 September 2010

It is parents that drove the issue, and these cases show parents that they will win.

Here, I admit I need to read Lebo's book or other accounts to see what the downstream effects were. I think parents in Dover won the battle to keep the creationist statement from being read (except it already HAD been read). It's possible they also "won" the loss of a lot of extracurricular activities, or school athletics or clubs or electives or field trips, etc. etc. etc. for their children for years to come. And they probably also "won" a sizeable hike in their property taxes. And the same will happen in Mount Vernon, because Freshwater's farm isn't a drop in the bucket to pay for all these cases and hearings. Someone must pay, and eventually it comes from the public one way or another.

Flint · 22 September 2010

it’ll up everybody’s taxes by $100 a year.

Gotta chuckle. If you were to go door to door in Alabama asking people if they'd be willing to pay an extra $100 a year to keep their kids's souls out of hell, you might be surprised at the public generosity. Mind you, these are communities where most people live in trailers, but the Baptist church in the center of town is a palace.

Mike Elzinga · 22 September 2010

An off-topic heads-up (sorry):

YEC “astronomer extraordinaire” Jason Lisle just put up his “solution to the distant starlight problem”.

It is also posted at AiG.

Obviously this trope is supposed to upset the entire structure of physics, so I guess I should slog through it (the nausea of anticipation is already quite palpable).

On first glance, I see there are several major – and predictable – flaws within the first few paragraphs; and I can already see several major problems with the rest of it.

Of course, none of this makes any difference to the YECs because any real scientist critiquing the “paper,” is not using the “biblical perspective.” That this “perspective” is the one that must be used is simply asserted, not proven.

Bend the “science” to fit no matter what; sheesh, these idiots never get it!

John Vanko · 22 September 2010

Mike Elzinga said: ... the “biblical perspective.” That this “perspective” is the one that must be used is simply asserted, not proven.
Mike, it's all part of "presuppositional apologetics." From wikipedia: "there can be no set of neutral assumptions from which to reason with a non-Christian." That's where AiG and CSR & ICR are arguing from. They think they are on the high ground.

Dale Husband · 22 September 2010

Flint said: Glad you asked, because I actually did. And the answer was, no matter what the law says, no matter how much it costs, if even ONE SOUL is kept out of hell, it's worth it no matter what. These people are like soldiers who bravely continue to fight knowing they will be killed. For God and Country!
Amazing! They actually think that promoting fraud as science will keep people out of hell! Do they think their God is a lunatic too?

Mike Elzinga · 22 September 2010

John Vanko said:
Mike Elzinga said: ... the “biblical perspective.” That this “perspective” is the one that must be used is simply asserted, not proven.
Mike, it's all part of "presuppositional apologetics." From wikipedia: "there can be no set of neutral assumptions from which to reason with a non-Christian." That's where AiG and CSR & ICR are arguing from. They think they are on the high ground.
Yup; since the founding of the ICR, the shtick continues to be asserted even more aggressively by continuing to bend science to justify the presuppositions. Weird, isn’t it? Why should such presuppositions need the support of science? And, as always, the resulting pseudo-science has absolutely no purchase whatsoever in the real world (well maybe only for leveraging gullible rubes and their money). The first really serious attempt to promulgate a pseudo-science along this line was Henry Morris’s pitting the “myth” of evolution against the “science” of thermodynamics. He deliberately concocted two new pseudo-sciences that were in direct conflict; and neither one of them had anything to do with reality. This is the price of presuppositional apologetics propped up on the pompous stilts of pseudo-science and aggressively marketed to the general public. The public needs to see these distortions as clearly as we can make them be known. The price we pay for allowing this stuff to propagate includes teachers like Freshwater.

Dave Luckett · 22 September 2010

Dale Husband said: Amazing! They actually think that promoting fraud as science will keep people out of hell! Do they think their God is a lunatic too?
Why not? As soon as you admit the idea of eternal damnation to torment in hell, you are necessarily stating that God is psychotic, monstrous, evil and depraved. Why not a lunatic as well? Anyone having that collection of attributes would be in practice insane, anyway.

Flint · 22 September 2010

Amazing! They actually think that promoting fraud as science will keep people out of hell! Do they think their God is a lunatic too?

I really don't understand this comment. They know, with Absolute Certainty (something science will never discover) that the claims of the evolutionists are wrong, because their god SAID they were wrong. To them, there is Absolutely NO Doubt that it's science that's the fraud, and not their god. Here is where I must invoke Dawkins, who wrote that "there is no sensible limit to what the human mind is capable of believing, against any amount of contrary evidence." Dawkins understands, as apparently many here do not, that such beliefs are SINCERE. They may be preposterous, or insane, or prima facie refuted by the obvious. But they are still sincerely believed, and proof against any outside influence.

The first really serious attempt to promulgate a pseudo-science along this line was Henry Morris’s pitting the “myth” of evolution against the “science” of thermodynamics. He deliberately concocted two new pseudo-sciences that were in direct conflict; and neither one of them had anything to do with reality.

But Morris was not a charlatan. He was unfortunate enough to start with an Absolute Truth impervious to reality, but was nonetheless strongly motivated to find some way it could be "real" in practical terms, without varying from Absolute Truth. While the spread of this crap is distressing, I still feel somewhat sorry for those like Morris, who MUST sense that their efforts are profoundly dishonest, but the alternative to dishonesty is unthinkable. I mean, LITERALLY unthinkable. They can't think it. The neural pathways in the brain necessary to think it simply cannot form anymore.

eric · 22 September 2010

Flint said:

Okay Flint, then what do you recommend? We not fight in court? What’s your lesson learned for us, not for the creationists? You seem to be saying that when we lose we lose and when we win we lose…or at least its pyrrhic. And you said yourself that the cost of abandoning due process just to get creationists is prohibitive. So, what is the best available course of action we can take?

OK, this is a good place to start. The real problem here (as I read it, of course) isn't the monetary cost of such battles, so much as the sheer number of creationists doing their damndest to weasel into the school systems and preach to the limit their local circumstances permit. They represent, again in my opinion, a powerful force of evil well out of proportion to their numbers because of their sheer relentless determination.
I am utterly baffled. You just spent the last two days making posts in which your main point was that the "prohibitive" - your word - costs of court cases resulted in a net negative. I.e., that the cost of the court cases made them pyrrhic victories at best. That despite the fact that we won and they lost, the high cost of the court cases encouraged creationists because no administration would want to bear those costs. And now you say "the real problem here (as I read it, of course) isn't the monetary cost" ???? So to cure my bafflement Flint, I have to ask a simple binary question. In your opinion, who benefits more when we pro-science folks win a highly (taxpayer-paid) expensive court case - them or us? Because every post until this one it seems like you've been claiming the answer is them, and now in this one you've reversed yourself and claim its us.

The Tim Channel · 23 September 2010

This comment has been moved to The Bathroom Wall.

Flint · 23 September 2010

I am utterly baffled.

I'm doing the best I can.

You just spent the last two days making posts in which your main point was that the “prohibitive” - your word - costs of court cases resulted in a net negative. I.e., that the cost of the court cases made them pyrrhic victories at best.

A good, succinct summary. These cases illustrate the enormous expense and difficulty of fighting creationist tactics.

And now you say “the real problem here (as I read it, of course) isn’t the monetary cost” ????

That's correct. The monetary cost is a side-effect of creationist tactics. The real problem here is the creationists themselves - their number, their relentless determination, their willingness to destroy the village in order to save it. The monetary cost only illustrates how effectively destructive their tactics are. But it should be clear that if we had no creationist infestation, we wouldn't be squandering resources trying to block them.

In your opinion, who benefits more when we pro-science folks win a highly (taxpayer-paid) expensive court case - them or us?

I don't know. Who benefits more in a war, when the battle is won but at the expense of the loss of your best leadership? Who benefits more if you win the ballgame but your best player is injured for the season? I personally think these expenses (the dollars, the lost time, the retaliation against parents and their children, the loss of school activities, etc.) are more than most local school boards would be willing to risk. If they were fought wherever creationists preach in public school, the sheer cost would destroy the school system EVEN IF the creationists lost every case. I suspect (as Mike points out), most administrations will wink if possible, and take "administrative action" if possible. In some systems this can work. But in many systems the rot runs too deep, from the teachers to the administrators to the parents to the local school boards to the state school boards and all the way to Taft or Bobby Jindal. I understand that we have to keep fighting these battles to keep from losing ground even faster than we are. So long as our educational system (INCLUDING parents of pre-schoolers) is fertile ground for the creationist hydra, chopping heads off at great cost gains little. It would be rewarding to see Freshwater permanently removed from the public school system. But his loss does little about the cultural outlook of his community, except perhaps to make them even more resentful of outsiders. When the Dennis family is out of the system, the creationists will creep back in, pushing and pushing as they always do. From the polls I've read, gradually the US is becoming more evangelical. The "mainstream" protestants are now in a minority, while the more rabid fundamentalists have been increasing rapidly and continue to do so. I don't know why this is happening. Winning expensive administrative or legal battles retail isn't the way to reverse this shift, however, and I believe that, on the contrary, it serves to show how very effective those tactics are. I looked at Lauria Lebo's book, and what really is educational is her dealing with her fundamentalist grandfather, for whom the school board could do no wrong, for whom preaching in class was both appropriate and necessary, and who voted for the creationists even after the case. But if it were mostly grandfathers, I wouldn't be so dismayed as when I read that creationists are exploding among entering college freshmen. THESE people are breeding (and indoctrinating) more creationists all the time. The courts won't stop that. Spending a million dollars per school district per year won't even slow it down, assuming people would pay such taxes. And crippling any effective local school administration, EVEN IF they win, plays into creationist hands.

raven · 23 September 2010

I can tell you, from deep in the Bible belt, that the parents that oppose such rot are sometimes too frightened to object. If you take on the school system when they inject religion into science class (and most of them where I live do) these nice Christians burn your house, poison your pets, slash your tires and essentially make it necessary to move away. Who wants to put your family through that?
That is because Xianity is a religion of peace and jesus loves us. Sounds horrible. Out here on the WC, we had these battles decades ago and the schools don't sponsor any religious displays. Not even a holiday tree which would be legal. A lot of atheists and New Age pagans watch the school closely. Probably a different world. A survey a few years ago showed that the students in a local high school spoke 80 different languages among the kids. Some Moslems, Buddhists, Hindus, a lot of New Age pagan kids, atheists, and the usual myriad of xian sects.

Juicyheart · 23 September 2010

Dale Husband said: Amazing! They actually think that promoting fraud as science will keep people out of hell! Do they think their God is a lunatic too?
Haven't you read the bible? God's a maniac in the first half, on Prozac the second half, probably passed out back stage and missed his cue for his last grand entrance. But the fans still love him. 

Dave Luckett · 23 September 2010

eric asks who benefits more when we pro-science folks win a highly (taxpayer-paid) expensive court case - them or us?
Well, what facts have we to work with, to answer that question? Dover. Who won? Who lost? Bonsell and Buckingham, the two main offenders, lost nothing but some time. Bonsell got voted off the school board. They could have been prosecuted for perjury, in the judge's opinion, and if they had been, they'd have been losers, but they weren't, so they're not. Bonsell's church lost the money it raised to buy the sixty copies of "Of Pandas and People". This money goes to the Foundation for Thought and Ethics, a whackaloon group associated with the DI. The FTE wanted to intervene, but was barred. No winners or losers there, from point of view of the rational side. The DI walked away to formulate another gizmo by which they can smuggle creationism into the classroom, and came up with one within weeks. It was out the costs of witness fees, but no worse, and the DI's got lots of money. Dembski, Meyer and Campbell didn't appear at all, but were paid anyway. Hardly losers. Behe made a fool of himself on the stand, and lost to that extent, but not in any other way. He's still in business at the same old stand. The Thomas More Law Centre also didn't look good. Meh. The Dover School District lost a million bucks. The taxpayers of Dover County are up for it. Big-time losers there. So, who wins, and who loses? The creationists don't win, sure. Science wins, fair enough, but if we won, how come we ain't rich? And the real losers are the school district and the taxpayers of Dover. Now, Freshwater. Freshwater loses, no argument. Maybe he'll be able to get another teaching job in Whackaloon College, but his job and his pension and his property just went kablooie. Hamilton demonstrates that he's an incompetent dolt. Maybe that's a loss. Maybe it means that he'll become the fundamentalist counsel of the year. Who knows? Maybe, just maybe, he'll be up for conduct unbecoming, or whatever they charge lawyers with when they demonstrate the advocacy skills and legal subtlety of a rabid weasel. I would put this at long odds, however. Maybe science teaching wins. Maybe the next whackaloon will reflect on Freshwater's loss, and not be such a whackaloon. Or maybe, instead, the whacks will just go on doing what God tells them to do. Or, more likely, they'll just get sneakier about doing it. The School Board drops a million bucks. Again. And the money has to come from taxes. So who loses? Them or us? Well, it comes down to this: who's "them"? We have met the enemy, and they are us, y'know?

Juicyheart · 23 September 2010

raven said:
I can tell you, from deep in the Bible belt, that the parents that oppose such rot are sometimes too frightened to object. If you take on the school system when they inject religion into science class (and most of them where I live do) these nice Christians burn your house, poison your pets, slash your tires and essentially make it necessary to move away. Who wants to put your family through that?
That is because Xianity is a religion of peace and jesus loves us. Sounds horrible.  Out here on the WC, we had these battles decades ago and the schools don't sponsor any religious displays.  Not even a holiday tree which would be legal.  A lot of atheists and New Age pagans watch the school closely. Probably a different world.  A survey a few years ago showed that the students in a local high school spoke 80 different languages among the kids.  Some Moslems, Buddhists, Hindus, a lot of New Age pagan kids, atheists, and the usual myriad of xian sects. 
I went to school in O.C. California, and the god rot was noticeable there. Not so much in the teaching of creationism per se, but in the avoidance of evolution and critical thinking. These people hold beliefs that, while contrary to reality, are the basis of their sense of self and social standing. They circle their wagons to protect those beliefs and then feel penned in and oppressed by people who benefit by accepting reality. To them, basing beliefs on reality is cheating, and the only way to prevent such cheating is to make us all buy into their beliefs. So, they keep attacking reason with their nonsense. Our only choice is to submit to their delusions or oppose them, because they'll hammer away until we do one or the other. And while, both options cost us one way or another, it's cheaper to oppose their distortion of reality. 

DS · 23 September 2010

Well the thing you have to consider is the cost of not fighting the creationists. If they are allowed to take over the schools and subvert public education, there will be severe consequences for the United States of America. We have already let our educational system slip to the point where we are no longer the technological leader in many fields. If we ship all of our manufacturing overseas and lose our technological edge, exactly how long do you think the country will be able to survive?

The answer is not to stop fighting for real science education. The answer is to make sure that the right people pay for breaking the law. If a parent brings a law suit against a teacher or a school board it can be monetarily beneficial for them and their lawyers. Now all we have to do is make sure that the court costs are paid by the teacher who actually broke the law, and perhaps the administrators who allowed it, personally. That would go a long way to shutting down such illegal activities.

Freshwater is out of a job. The school board has been voted out. Hopefully the sanctions imposed will be enough to damage Freshwater and his scumbag attorney financially. Now all the judge has to do is order Freshwater to pay all court costs associated with the case and justice will be served. Now that would send the right message.

The Founding Mothers · 23 September 2010

The NCSE's excellent Creationism and the Law website actually lists more than the 2 most recent high profile cases surrounding these issues. They even highlight Ten Major Court Cases about Evolution and Creationism

This site could be useful in starting to answer some of the "How often do these cases actually occur?" questions discussed here (at least 10 times...). I don't know of any resources that might list how often court cases have been brought that were won by creationists.

Flint, my intention was not to indulge in semantic word games. If you were to repeat the sentence I flagged in front of a hostile audience, they'd rip you a new one, rendering any sound arguments you might have impotent. It's crucial to be accurate when discussing these hugely important issues, to avoid getting bogged down in dubious debating techniques.

Having said that, a hostile audience might laud your quote mining skills. In context: what I asserted was that the vast costs associated with those 2 (completed) high profile cases could prohibit other cases being brought, which I guess is what you intended. No need to be quite so defensive – I appreciate the efforts you make trying to give an insight into the workings of a fundamentalist mindset. Although I find it pretty scary.

Paul Burnett · 23 September 2010

The Founding Mothers said: The NCSE's excellent Creationism and the Law website actually lists more than the 2 most recent high profile cases surrounding these issues. They even highlight Ten Major Court Cases about Evolution and Creationism
Note that this list hasn't been updated in over three years - and there have only been two cases added since 2001. The first case listed is from 1968 - there have been ten cases from 1968 to 2007, averaging one case every four years. That's pitiful.

The Founding Mothers · 23 September 2010

Paul Burnett said: Note that this list hasn't been updated in over three years - and there have only been two cases added since 2001. The first case listed is from 1968 - there have been ten cases from 1968 to 2007, averaging one case every four years. That's pitiful.
Paul, please read a little more carefully. These are the ten Major court cases the NCSE have chosen to highlight. These are not the only ten cases to have been brought since 1968, as is clear from the first link I provided, which listed 20 cases. Even this list may not be exhaustive – there may be more that the NCSE hasn't included for whatever reason. It's just a good place to start finding out about these things, using data rather than anecdotes.

The Founding Mothers · 23 September 2010

Apologies, I should have said the first link provides 5 leading cases, as well as 20 related cases.

Rich Blinne · 23 September 2010

Mike Elzinga said:
John Vanko said:
Mike Elzinga said: ... the “biblical perspective.” That this “perspective” is the one that must be used is simply asserted, not proven.
Mike, it's all part of "presuppositional apologetics." From wikipedia: "there can be no set of neutral assumptions from which to reason with a non-Christian." That's where AiG and CSR & ICR are arguing from. They think they are on the high ground.
Yup; since the founding of the ICR, the shtick continues to be asserted even more aggressively by continuing to bend science to justify the presuppositions. Weird, isn’t it? Why should such presuppositions need the support of science? And, as always, the resulting pseudo-science has absolutely no purchase whatsoever in the real world (well maybe only for leveraging gullible rubes and their money). The first really serious attempt to promulgate a pseudo-science along this line was Henry Morris’s pitting the “myth” of evolution against the “science” of thermodynamics. He deliberately concocted two new pseudo-sciences that were in direct conflict; and neither one of them had anything to do with reality. This is the price of presuppositional apologetics propped up on the pompous stilts of pseudo-science and aggressively marketed to the general public. The public needs to see these distortions as clearly as we can make them be known. The price we pay for allowing this stuff to propagate includes teachers like Freshwater.
Not only is the pseudo-science self-contradictory so also is the use of presuppositional apologetics. Presuppositional apologetics as established by Cornelius van Til is hostile to Thomistic or Classical apologetics. That is, the theistic proofs including the Teleological proof are considered formally invalid. So, the next time a Christian apologist uses both the terms "wordview" and "intelligent design" that in and of itself is a contradiction in terms.

eric · 23 September 2010

Flint said: I personally think these expenses (the dollars, the lost time, the retaliation against parents and their children, the loss of school activities, etc.) are more than most local school boards would be willing to risk.
I agree. But the conclusion I draw from Dover etc. is that when a BOE is looking at a legal suit for teaching creationism, they will not want to defend teaching creationism because of the legal costs and likelihood of losing.
I suspect (as Mike points out), most administrations will wink if possible, and take "administrative action" if possible.
Well, whether its a wink or a sincere corrective action, they are probably going to do the minimum they think necessary to get the parents off their backs. It is up to us (parents, community, etc.) to communicate clearly to them that the minimum we will accept is actual science in science classes - nothing less. And, I would suggest, that it is up to us to clearly communicate that the financial leverage you think benefits creationists actually cuts both ways. We can apply it too. In that respect, maybe the (albeit cynical) lesson we should be communicating to creationist school officials is this: either side can threaten suit and potentially create high costs. You could get sued by the Freshwaters of the world if you attempt to reduce the religiousity in your school, or you could get sued by us for having it there in the first place. Given that "wash" and the fact that your insurance will only cover you if you follow the advice of your legal counsel, your best option is to follow his advice. (Which works for us because in all cases so far these guys have understood the legal precedents and what they mean for creationism.)
crippling any effective local school administration, EVEN IF they win, plays into creationist hands.
See, this is where we have to agree to disagree. The loss in Dover and analogous losses in Kansas resulted in the community getting angry at the creationists and voting them out. To me that is evidence that a high-cost win (for us) does not play into creationist hands.

Flint · 23 September 2010

The loss in Dover and analogous losses in Kansas resulted in the community getting angry at the creationists and voting them out. To me that is evidence that a high-cost win (for us) does not play into creationist hands.

If these trends were sustained, it would be great. But as I recall, the creationists in Kansas are in, then out, then back in, then back out. The voters don't want to pay high procedural costs, they want the damn atheists to shut up and go away. Again, I want to call attention to what I consider a chilling effect. Maybe this effect is resulting in effective policing of creationists in the classroom by competent (and frugal) administrators, but we don't hear about it. Maybe it's resulting in looking the other way in communities where the local school board and administrators have kids in school they don't want to see closed out or beat up, and we don't see that either. So I think were we DO agree is, if we had only a few creationist parents in otherwise sane and well-administrated districts, there wouldn't be any problem. The first attempt to preach in class, and a dozen people would blow the whistle - and the administration would take prompt action. But what we actually have in the US heartland and deep south is a few apathetic nonreligious people surviving in a land of zealots. Unwilling to take an unpopular stand and face potentially serious retaliation, when the payoff is probably no real change in the status quo, because EVERYONE ELSE is staunchly defensive of the preaching. Tweedledum gets fined, Tweedledee takes over. Now, if only we could take the 55% of the US public who believes people were poofed into existence within recorded history, and sterilize every last one of them, then in a generation the problem would be solved.

Mike Elzinga · 23 September 2010

eric said: Well, whether its a wink or a sincere corrective action, they are probably going to do the minimum they think necessary to get the parents off their backs. It is up to us (parents, community, etc.) to communicate clearly to them that the minimum we will accept is actual science in science classes - nothing less.
I suspect there are large variances from state to state; but all administrators as well as teachers should be required to take a course on the laws as they relate to public school education. There are many situations, besides proselytizing by teachers in the schools, that teachers and administrators come up against; probably this is the case more for administrators than for teachers. But included in such a course should be all those court decisions ( Edwards v. Aguillard, McLean v. Arkansas State Board of Education, Kitzmiller v. Dover, etc.). I am pretty sure there are such requirements in my state, but I don’t know how extensive these are and whether or not they even go into issues of separation of Church and State. If I were to judge from the administrator responses to the situations I know about directly, I would have to conclude these administrators were at a complete loss as to what to do and what laws and issues applied. Whether that was because of individual failings on the part of these administrators or if it is a general lack of knowledge on the part of administrators in the state, I don’t know. But I suspect such training – especially if it is generally known that teachers and administrators are required to know this stuff - would probably go a long way toward stopping ID/creationist stealth meddling in the public schools. There would be little excuse for administrators not knowing the law and the issues; and parents would have more leverage in their complaints.

W. H. Heydt · 23 September 2010

Mike Elzinga said: I suspect there are large variances from state to state; but all administrators as well as teachers should be required to take a course on the laws as they relate to public school education.
Should be required for all school board members, too. --W. H. Heydt Old Used Programmer

Flint · 23 September 2010

But apparently Freshwater was aware of the rules. He pushed the boundaries as hard as he could get away with, but he also made efforts toward plausible deniability in his "monitoring", in his handouts, etc. If this were just a matter of everyone acting in good faith but not being trained in the rules, we could eliminate the problem in a week.

But the default in much if not most of the US is that evolution simply is not covered in high school biology. It's the last chapter in the book and they never quite get to the last chapter, or is mentioned as "this won't be on the test so you don't have to learn it", or whatever. Presenting evolution risks real headaches, and if it's easily avoided, it will be. And it is.

The Founding Mothers · 23 September 2010

Meh - you'd think they'd cover something as interesting and important as the US constitution in a History or Social Studies class in school. Every US student should know this stuff.

Only problem being if those classes are taught by fundies as well, who might conveniently skip over something like the Establishment clause. Tougher to do than skipping over the last chapter on evolution in Biology, as they're in the First Amendement. But fundies have their ways and means.

Michael J · 23 September 2010

I take Flint's points but I think that the cases are a good thing for now if 1 parent goes to a school and demands that their kids are taught creationism they are sent away saying it is illegal.

However, no matter how conservative the school if one (very brave) parent reports a teacher teaching creationism then the school will have to take notice or they will eventually be in court and eventually they will lose big.

eric · 23 September 2010

Flint said: But what we actually have in the US heartland and deep south is a few apathetic nonreligious people surviving in a land of zealots. Unwilling to take an unpopular stand and face potentially serious retaliation, when the payoff is probably no real change in the status quo, because EVERYONE ELSE is staunchly defensive of the preaching.
Those regions are going to be helped more by federal precedents like Edwards v Aguillard than they are by local ones like Kitzmiller, because the federal ones directly apply. But you're putting together a scenario in which pretty much nothing would help and claiming that because this scenario sometimes occurs, the court cases really just help the creationists. This is not so. Precedents like Edwards and even 'precedents with technically no legal power outside their state' like Kitzmiller help when a parent isn't apathetic. When they are willing to take an unpopular stand - exactly like Tammie Kitzmiller, in fact. Faced with knowledge that they're likely to lose anyway, the creationists may cut their losses and settle, or change their mind about teaching creationism before the case even goes to court. Sort of like what we saw in Livingston Parish, LA. That, I would argue, is what these cases buy you in the long run: it won't stop creationist teaching if you're unwilling to complain about it, but if you're willing to complain, they may back down faster, with less cost.
Now, if only we could take the 55% of the US public who believes people were poofed into existence within recorded history, and sterilize every last one of them, then in a generation the problem would be solved.
Well, when you can do that let me know. Until then I submit to you that expensive wins in court strategically favor us, not the losers.

Flint · 23 September 2010

However, no matter how conservative the school if one (very brave) parent reports a teacher teaching creationism then the school will have to take notice or they will eventually be in court and eventually they will lose big.

So far, it looks like everyone but the lawyers loses big, and maybe even some of them. When everyone loses big, then the examples such instances set are very ambiguous. It's a question of who is willing to pay what, to buy others paying what. And then there's the DI, who spends part of their resources bating Dover traps for others to fall into and pay the costs while the DI leverages the publicity - after running it through their spin machine. I see the the creationists in these cases being willing to do suicide bombing, willing to take one for their side. We always need to bear in mind that when a creationist does a cost/benefit analysis, he always factors in an enormous weight allocated to his opinion of his god's opinion of him and potential eternal treatment. Sincerely deluded creationists consider it a bargain to lose their job and all their money if they saved a single soul from eternal damnation in the process. Hell, that's why they became schoolteachers - to reach those souls before it was too late.

Michael J · 23 September 2010

Also, the costs of the cases is not the cost of fighting creationism and winning. It is the cost of defending of defending creationism and losing.

Flint · 23 September 2010

Until then I submit to you that expensive wins in court strategically favor us, not the losers.

Again, it's a matter of who is willing to lose how much, just in order that his opponent loses even more. If I lose my job but it costs YOU a million dollars, who is the real loser? I'd be hard pressed to say who would celebrate my "loss" more enthusiastically. I regard the situation as ominous; you regard it as promising. I guess time will tell. Right now, I think evolution education has been resoundingly defeated because in most of the nation, it's the third rail of biology - nobody dares touch it.

Gary Hurd · 23 September 2010

Flint said: Now, if only we could take the 55% of the US public who believes people were poofed into existence within recorded history, and sterilize every last one of them, then in a generation the problem would be solved.
I think that you had better back off and take a time-out to think. Even the most rabid eugenics advocate didn't claim that ideology was inherited. The Nazis did. Why not go away for a while, and cool down?

Flint · 23 September 2010

These cases always bring to my mind Gahan Wilson's cartoon of the last surviving soldier, standing amidst the ruins with mushroom clouds in the background, looking around at the devastation and saying "Hey, I think I won!"

Michael J · 23 September 2010

Where are all of these Christian's who are willing to sacrifice themselves? In every court case they lie and lie and lie. Is there any public school in the US where the principal stands up and says that we teach creationism here so come and get us?
As I said before, it would only take one complainant that wont back down to shut it down in each school.

Flint · 23 September 2010

I think that you had better back off and take a time-out to think.

I think maybe I need a tongue-in-cheek icon. Creationism is (once again) something inculcated very eary in life, much like foot-binding or neck-stretching. It's only possible to get people to believe what is obviously, stonkingly preposterous, and not be able to shuck it off, if the indoctrination is started right at birth. Even then, it's so extreme it doesn't always "set up". Creationists are as well aware of this as we are (or should be) - there are no "Jesus camps" for the mature. Nobody is saying ideology is inherited, anymore than any parasite is inherited. This shouldn't prevent us from understanding its life cycle, and seeing that the place to break it is in the home (good parenting) and in grade school (teaching children with skill and sanity). But maybe you do not wish to discuss, you only wish to demean and dismiss? If so, why? Why don't YOU go away for a while, until you're ready to have a mature discussion without the condescending ignorance?

Chris Elia · 23 September 2010

Flint said:

I think that you had better back off and take a time-out to think.

I think maybe I need a tongue-in-cheek icon. Creationism is (once again) something inculcated very eary in life, much like foot-binding or neck-stretching. It's only possible to get people to believe what is obviously, stonkingly preposterous, and not be able to shuck it off, if the indoctrination is started right at birth. Even then, it's so extreme it doesn't always "set up". Creationists are as well aware of this as we are (or should be) - there are no "Jesus camps" for the mature. Nobody is saying ideology is inherited, anymore than any parasite is inherited. This shouldn't prevent us from understanding its life cycle, and seeing that the place to break it is in the home (good parenting) and in grade school (teaching children with skill and sanity). But maybe you do not wish to discuss, you only wish to demean and dismiss? If so, why? Why don't YOU go away for a while, until you're ready to have a mature discussion without the condescending ignorance?
You're asking for a mature discussion after suggesting that people you disagree with be sterilized? Tongue-in-cheek or not, that was wildly inappropriate.

Flint · 23 September 2010

You’re asking for a mature discussion after suggesting that people you disagree with be sterilized? Tongue-in-cheek or not, that was wildly inappropriate.

If that were a suggestion, you might have a point. But in context (and presumably, context is meaningful to those who oppose creationists), the point was that creationism is a mental model that MUST be started very early in life, because it is so contrary to reality that anyone even close to the age of reason couldn't swallow it. Accordingly, the way to battle it is through good parenting. This requires good parents. I do suggest that this is is a long, slow, difficult cultural sea-change we're looking for - against a tide moving in the opposite direction right now. Individual cases like Freshwater and Dover strike me as fingers in the dike as the tidal wave builds. Although developing a quality, religion-neutral public education system and being vigilent in keeping it that way is a necessary step in the right direction. So my point is that these cases are not silver bullets. That quick solutions are not remotely feasible, to the point where even mentioning one (with tongue in cheek) elicits righteous harrumphs from those with squeamish affectations. I agree that there IS no appropriate quick fix. I tried to emphasize this. Apparently it's not something anyone wishes to face. Not that such approaches haven't been tried in the past, in places where absolute power has been abused absolutely.

Dale Husband · 23 September 2010

Flint said:

Amazing! They actually think that promoting fraud as science will keep people out of hell! Do they think their God is a lunatic too?

I really don't understand this comment. They know, with Absolute Certainty (something science will never discover) that the claims of the evolutionists are wrong, because their god SAID they were wrong. To them, there is Absolutely NO Doubt that it's science that's the fraud, and not their god. Here is where I must invoke Dawkins, who wrote that "there is no sensible limit to what the human mind is capable of believing, against any amount of contrary evidence." Dawkins understands, as apparently many here do not, that such beliefs are SINCERE. They may be preposterous, or insane, or prima facie refuted by the obvious. But they are still sincerely believed, and proof against any outside influence.

The first really serious attempt to promulgate a pseudo-science along this line was Henry Morris’s pitting the “myth” of evolution against the “science” of thermodynamics. He deliberately concocted two new pseudo-sciences that were in direct conflict; and neither one of them had anything to do with reality.

But Morris was not a charlatan. He was unfortunate enough to start with an Absolute Truth impervious to reality, but was nonetheless strongly motivated to find some way it could be "real" in practical terms, without varying from Absolute Truth. While the spread of this crap is distressing, I still feel somewhat sorry for those like Morris, who MUST sense that their efforts are profoundly dishonest, but the alternative to dishonesty is unthinkable. I mean, LITERALLY unthinkable. They can't think it. The neural pathways in the brain necessary to think it simply cannot form anymore.
Just because someone may sincerely believe that something is true doesn't make it true. Trying to promote a false belief is still fraud and should always be called such. God never said he created the universe, Earth, life and mankind in six days. Men writing in God's name made that unfounded and rediculous claim. Taking the words of men and calling them the Word of God is by nature absurdity no matter how you spin it. THERE IS NO ABSOLUTE TRUTH IN RELIGION! If there were, there would be only one religion. Instead, there are thousands. So we have got to deal with these Creationists putting words in the mouth of God. They are blasphemers, hypocrites, idolaters, frauds, idiots, liars and bigots, but don't call them sincere. Unless you can read their mind and not such their propaganda, no one knows if they are sincere.

Flint · 23 September 2010

Dale Husband said: Just because someone may sincerely believe that something is true doesn't make it true. Trying to promote a false belief is still fraud and should always be called such.

I think that's kind of strong. I do my best, as most people do, to act according to my beliefs and best understandings. But who among us can say that all of our beliefs and understandings are correct? Are we all frauds then? How many things do you believe are true, that in fact are not? How could you even begin to estimate?

God never said he created the universe, Earth, life and mankind in six days.

Which god? And if there are any gods at all, how can you tell? Are you not making a profound assumption in the absence of supporting evidence? Would this be, possibly, a fraudulent belief?

Men writing in God's name made that unfounded and rediculous claim.

But does the evidence for any gods EVER extend beyond people writing or speaking in what they claim is the name of their god(s)? Wouldn't it be more likely that the underlying claim that any gods exist be ridiculous irrespective of what claims are associated with that one?

Taking the words of men and calling them the Word of God is by nature absurdity no matter how you spin it. THERE IS NO ABSOLUTE TRUTH IN RELIGION! If there were, there would be only one religion. Instead, there are thousands.

And from what I can tell, there are as many different gods as there are people who claim they exist. But that doesn't mean that religion has no truth, only that some claims religion makes are at best metaphorical. I suggest that religion would not exist if it didn't have profoundly important things to say, whatever superficially superstitious terms they are couched in.

So we have got to deal with these Creationists putting words in the mouth of God. They are blasphemers, hypocrites, idolaters, frauds, idiots, liars and bigots, but don't call them sincere.

Is YOUR faith sincere? You seem to be assuming that your god exists, yet denying creationists the validity of their assumptions. From where I sit, ANY belief in god is clear evidence of organic mental dysfunction. And mental defectives hurling all this invective at one another is kind of amusing. MY GOD is right and true. YOUR god is a fraud, making YOU a blasphemer, etc. Uh huh, kewl.

Unless you can read their mind and not such their propaganda, no one knows if they are sincere.

Their sincerity, by all indications, extends beyond their propaganda (though the distinction can be hazy). By all indications, I mean their behavior, their writing, their conversation, the way they spend their time, the consistent similarity of their thought processes. Look, I'm not saying that those who believe in gods are sane, that's not the same as sincere. Although sanity might govern the rationality of what is believed, it doesn't affect the sincerity.

Dale Husband · 23 September 2010

Flint, you confuse the hell out of me. Which side are you on, really?

I'm an agnostic evolutionist who thinks we should pull no punches in debunking both Creationism and religious fundamentalism. While I may doubt the existence of God, I believe that if he exists and created the universe, then studying that would reveal more about God than any man-made book. That is why I deny that the Bible is the Word of God, because it makes God look like a liar and an idiot. Of course, some atheists may get a thrill out of such an idea, but I don't.

Mary H · 23 September 2010

Just to bring a few of you up to date on biology texts. Most of the modern texts and certainly the most popular (Miller & Levine)and all the others I have seen or used in the last 10 years (teaching in both public and private schools) treat evolution as a major or founding principle of biology. A teacher has to really work to avoid it these days. Instead of being at the end of the book it is often introduced in the first couple of chapters and then expanded soon after M/L starts it at chapter 15 and spends 4 chapters on it. BSCS starts in chapter 1. Human evolution is often relegated to the end of the book but evolution itself isn't. Lousy teachers are having a tougher time trying to avoid the subject.

Mike Elzinga · 24 September 2010

Mary H said: Human evolution is often relegated to the end of the book but evolution itself isn't. Lousy teachers are having a tougher time trying to avoid the subject.
Here are the course descriptions from one of the top high school programs in our area. This is a very competitive and highly selective program for students throughout the entire intermediate school district, and well over 90% of these students have for many years gone on to the top universities around the country and abroad. And most of these are now professionals with PhDs and MDs in the sciences, engineering, and medicine. Some have studied under, and are now colleagues with, some of the top scientists in the country. Many of these students have had several publications in major scientific journals even before they left high school. Some are now running international companies of their own. Notice how the “E-word” is avoided or well-hidden in the description of the course. There are historical precedents in this community for being timid about announcing that evolution is a part of the course. And a few of the students in this program come from some of the more conservative religious backgrounds in the community. Here is the lower level biology course description for freshmen/sophomores.

Honors Biology is a rigorous college-preparatory survey course. Conceptual themes are integrated with meaningful field and laboratory experiences to develop the student's ability to recognize and solve scientific problems. Major areas of study include: ecology, cell biology, biochemistry, genetics, embryology and diversity of organisms.

And here is the upper level AP Biology course description.

Advanced Placement Biology is a full year course covering the topics in the required Advanced Placement Curriculum but at a deeper level and with a more intense experimental approach. The major goals of AP Biology are to help students develop a conceptual framework for modern biology and to help students gain an appreciation of science as a process. The ongoing information explosion in biology makes these goals even more challenging. Primary emphasis in this course will be on developing an understanding of concepts rather than on memorizing terms and technical details. Essential to this conceptual understanding are the following: a grasp of science as a process rather than as an accumulation of facts; personal experience in scientific inquiry; recognition of unifying themes that integrate the major topics of biology; application of biological knowledge and critical thinking to environmental and social concerns. Course activities include individual research projects, and laboratory investigations in the following areas: Diffusion and Osmosis, Colony Transformation, Enzyme Catalysis, Genetics of Drosophila, Mitosis and Meiosis, Population Genetics and Evolution, Plant Pigments, Transpiration, Cell Respiration, Physiology of the Circulation System, Behavior: Habitat Selection, Dissolved Oxygen and Primary, Productivity.

Evolution is covered, but not highlighted. The emphasis is on students bound for the medical professions; usually about 1/3 of a typical graduating class. I don’t know at the moment what current textbooks are being used.

Vaughn · 24 September 2010

Dale Husband said: Flint, you confuse the hell out of me. Which side are you on, really?
He's on "our" side, obviously. I don't contribute often, preferring to learn from the rest of you. Flint has been one of those from whom I've learned. He is very good at parsing the thought processes of creationists, ably describing the hurdles to getting creationists to acknowledge reality. My own experiences jibe with his descriptions of the endemic nature of creationist thinking in midwestern, rural, communities. Therefore, I understood his pessimism and frustration which engendered the tongue-in-cheek suggestion that sterilization may be the only way to eliminate creationism from the nation's schools. I'm not sure why so many others took that statement seriously or misconstrue his attempts to understand the thinking of the "True Believers" like Freshwater. Vaughn

Leszek · 24 September 2010

"Well the thing you have to consider is the cost of not fighting the creationists. If they are allowed to take over the schools and subvert public education, there will be severe consequences for the United States of America. We have already let our educational system slip to the point where we are no longer the technological leader in many fields. If we ship all of our manufacturing overseas and lose our technological edge, exactly how long do you think the country will be able to survive?"

This paragraph pisses me off royally. I apologize in advance if I stray a bit from emotionless logical arguments, or if I ramble a bit.

The way I see it, this paragraph is hoplessly small in scope. Who cares if the USA is #1 in anything? Not I.

The real concern is the USA becomming the Theocratic SA. And then comes things like the inqusition and Crusades 2.0! Now with NUKES. Small minds like Anne Coulter who talked about rolling over and crushing Canada without so much as a thought or a clue of what she is actually suggesting with their fingers on the Nuke Trigger. Made worse because they have FAITH(tm) that their sky daddy will protect them and guide them to the right choices.

I think we should be in it for the species, not the nationalities. I don't care if the US is #1 or (Since I am Canadian) if Canada is #1 in anything.

nmgirl · 24 September 2010

Back to the topic of freshwater, I have finally struggled thru most of the brief. It appears that his defence is: i'm an idiot but you're a bigger idiot? do I have that right?

Mike Elzinga · 24 September 2010

I went back through some old newspaper clippings in my files that I have kept from my days of giving talks about the creationist blitz throughout the 1970s and 80s. There are quite a few from the 1980s era when the blitz was near its maximum and the US Supreme Court decision on Edwards v. Aguillard had not come down yet.

This was after the time Gish harassed biology teachers in this area.

Many of the biology teachers from public, Catholic, and the Christian schools were interviewed about what they taught and why. Most teachers treaded very lightly around the subject, some admitting that they didn’t teach evolution directly. The scars and the pain of confrontations by Gish and religious parents were there, and they remain with teachers and administrators in this area today.

And this is a community in the North. So I am not surprised to hear Flint’s concerns about communities in the South. The creationists were quite brutal in their attacks; and nobody here has forgotten.

MememicBottleneck · 24 September 2010

Flint said: If that were a suggestion, you might have a point. But in context (and presumably, context is meaningful to those who oppose creationists), the point was that creationism is a mental model that MUST be started very early in life, because it is so contrary to reality that anyone even close to the age of reason couldn't swallow it. Accordingly, the way to battle it is through good parenting. This requires good parents.
This may be the way most creationists aquire their delusions, but it is not a MUST. As exhibit A I present my office mate who didn't find Jesus until adulthood, and now the earth is ~7000 years old and H.Erectus who are really human, are going to hell because they were not "born again". Also, I know of several people (mostly women) who read their horoscope every day, and take stock in it. Some of these even claim to be Christian. I doubt that most of these people (if any) were taught anything at all about astrology by their parents. Some people just seem to be born with a predisposition to need some invisible magic power that guides them through life. That way they don't need to take responsibilty for their actions or how life turns out. They were doing God's work. Others need an explaination for the good and bad (especially the bad) things in life that happen to them. Instead of "shit happens" it is "God's will". I'm not saying that early indoctrination isn't important It will generally define what kind of mythology one believes in. I think there is also a biological (probably genetic) reason for people to make these explainations for their existance up. We've had millenia of significant selection events removing the non-believers from the gene pool.

harold · 24 September 2010

Flint makes many good points, for example -
I mean, LITERALLY unthinkable. They can’t think it. The neural pathways in the brain necessary to think it simply cannot form anymore.
This is a pessimistic conclusion I have been arriving at over about the last ten years. A vast proportion of Americans are so blinded by rigid emotional biases that they cannot even perceive reality, let alone engage in rational discussion. However, Flint, there is something that is confusing me. As an American citizen I have legal rights (actually, as do non-citizens on US soil). Patriot Act, Guantanomo, warrantless wiretapping, prohibitions on harmless pastimes while literal destruction of the very earth we live in is not only permitted but fetishized notwithstanding, I still have some rights. Now, as it happens, remarkably, I haven't had to stand up for my rights very much. I've only once had to sue an insurance company (they settled, eventually), and only had to report two crimes, in my entire life (one was when some jackass pickpocketed my virtually empty wallet many, many years ago - had to file a report for the DMV - and the other was to report specific and convincing internet death threats against someone else). However, I do and will stand up for my legal rights, and I only know of two basic ways to do that - call law enforcement if someone commits an outright felony against me, and call a lawyer (or ombudsman-like organization that will provide legal advice such as the ACLU and NCSE) and sue if it's a civil matter - and of course, those aren't mutually exclusive. Now, I agree that there are a lot of whacked out creationism-bots on their personal missions from god out there, but those are the two ways I have to defend my rights. If you know of a third way, please let me know what it is. Because I'm confused about what else I can do.

Flint · 25 September 2010

Now, I agree that there are a lot of whacked out creationism-bots on their personal missions from god out there, but those are the two ways I have to defend my rights. If you know of a third way, please let me know what it is. Because I’m confused about what else I can do.

Well, you can be a good parent. I think we're talking about somewhat different things here. If there's a high crime rate (for example), yes, the legal system provides way for you to rectify (to some degree) a crime where you are the victim. At best, the criminal is sent to our overcrowded jails for a while. The legal system is always hard at work reacting to crimes. But what can an entire society do to reduce the crime rate? What can we do to reduce the appeal of committing a crime, when the recidivison rate runs 90%? Clearly, threat of legal punishment and even actual legal punishment doesn't reduce the overall crime rate. It's been observed that real justice requires that punishment be both swift (and often it takes a long time and a lot of expense - just look at the Freshwater case) and certain (and punishment, even eventually, is the exception more than the rule). And even that misses the bigger picture. It's necessary for a society to look at the pattern of crimes, the underlying reasons they're committed, and find ways to neutralize these reasons. In the US, the underlying reasons for the astoundingly high rate of incarceration are probably (1) systemic lack of economic opportunities for crime-prone demographics; and (2) drugs. These are interrelated - those unable to find satisfaction through work tend to turn to drugs. BUT we tend to be focused on reaction - we declare a war on drugs mostly as an indication of our societal disapproval, and we do jail a lot of druggies but at the cost of making drug dealing enormously profitable, and alienating the crime-prone demographic. Without reducing drug consumption whatsoever. As with your legal action, we are fighting the symptoms retail while the cause remains unaffected. And myopically enough, we regard all efforts to make drug dealing less profitable as efforts to condone or encourage drug use. So my question is, instead, what is it that provides the motivation for creationism? What is it about the US that is eroding our educational system and making blind superstitution so satisfying, different from other first world nations? What is causing the strong trend away from more neutral faiths and toward fundamentalism and ignorance? Why is this trend so regional? I understand, in a game-theory sort of intellectual way, that those who accept (if not always understand) science tend to be more tolerant, and such a population will be less effective at spreading that view than a population actively and relentlessly zealous in spreading theirs. I understand in an intellectual way that people find confort in Absolute Truth, even if it's inane. That for many people a wrong answer that never changes provides the sort of emotional anchor that a probably right but tentative and incomplete answer can never provide. I personally suspect that people are reacting against a rate of social and technologal change they find baffling and threatening. Traditional, stable, shared values are comforting; pluralistic and dynamic values are confusing and unsettling. The path of least resistance is to tune them out, deny them, and fight for what you were raised to believe is Absolutely Right. Doesn't matter whether it's right or not, so long as it holds still. I agree with most people here that good education, and vigilant efforts to keep teachers from preaching in class, are essential. But we are fighting a system that elects school boards that select textbooks and hire teachers, and we are often electing creationists. I don't believe we can our should establish tests for sanity that candidates must pass. So I don't know how to engineer broad changes in social values, beyond trying to establish rational values wherever we can (and as young as possible). Creationists understand this very well - that's what they're doing.

Michael J · 25 September 2010

Dave Luckett said:
eric asks who benefits more when we pro-science folks win a highly (taxpayer-paid) expensive court case - them or us?
Well, what facts have we to work with, to answer that question? Dover. Who won? Who lost?
I disagree. ID lost BIG in Dover. Pre-Dover it seemed that there was a lot of interest in ID amongst non-scientists who otherwise accepted science. Sure Dembski and Behe got paid but I wonder what their book sales are like now compared to pre-Dover. Dembski just publishes christian books and getting into trouble because he is not a YEC.aaaa

Michael J · 25 September 2010

Michael J said:
Dave Luckett said:
eric asks who benefits more when we pro-science folks win a highly (taxpayer-paid) expensive court case - them or us?
Well, what facts have we to work with, to answer that question? Dover. Who won? Who lost?
I disagree. ID lost BIG in Dover. Pre-Dover it seemed that there was a lot of interest in ID amongst non-scientists who otherwise accepted science. Sure Dembski and Behe got paid but I wonder what their book sales are like now compared to pre-Dover. Dembski just publishes christian books and getting into trouble because he is not a YEC.aaaa
Pressed submit too soon. I think that the DI is in the same boat. Nobody who isn't a creationist takes any of these guys seriously anymore. Why else does the DI attack mouse keep living the Dover decision. As for Boswell, he was made a laughing stock. I'm sure that a lot of the true believers would not appreciate somebody being caught lying.

Dale Husband · 25 September 2010

Flint said: I understand in an intellectual way that people find confort in Absolute Truth, even if it’s inane. That for many people a wrong answer that never changes provides the sort of emotional anchor that a probably right but tentative and incomplete answer can never provide.

Since there are no absolute truths in religion, those fanatics are wasting their time. Even in religion, the "answers" change and diversify. 1500 years ago, Christianity was very different from today. 5000 years ago, there was no Judaism either. We'd be far more likely to find absolute truth in science, because science measures itself against something objective. Over time, science becomes more and more detailed and accurate, as well as constantly updating itself. So I'd rather seek truth than be content with comfort. I can find comfort in a real bed, thanks very much. I don't need myths to put me to sleep. ZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZzzzzzzzzzzzzzz.........

Flint · 25 September 2010

So I’d rather seek truth than be content with comfort.

Good for you. Now, how do you convince the majority to feel the same way? After all, ultimately that's our goal here. We know we can use neither logic nor evidence, because True Believers have no use for either one. But we must use logic and evidence, because reality rests on them. Most converts from creationism testify that logic and evidence were useless against their faith; they "knew" better. What shook them was the suspicion that their spiritual leadership was violating the spiritual rules - NOT the rules of logic and evidence. They were being immoral or dishonest. I think the most devastating thing about the Dover decision wasn't that the creationists lost, but that they lied and when caught, they lied again. If Buckingham had stood up and said "you bet I collected the money to buy these books. God demands nothing less. The separation of church and state is an abomination, and I will never stop fighting to correct it!" he'd probably have swayed his target audience (which is the greater community, not the judge). By saying "gee, I have no idea where that money came from" he undermined his faith. So maybe what we need to do is publicize that what the creationists are doing is dishonest, devious, and immoral. Forget illegal, that's a side-effect.

Rich Blinne · 25 September 2010

Flint said:

So I’d rather seek truth than be content with comfort.

Good for you. Now, how do you convince the majority to feel the same way? After all, ultimately that's our goal here. We know we can use neither logic nor evidence, because True Believers have no use for either one. But we must use logic and evidence, because reality rests on them. Most converts from creationism testify that logic and evidence were useless against their faith; they "knew" better. What shook them was the suspicion that their spiritual leadership was violating the spiritual rules - NOT the rules of logic and evidence. They were being immoral or dishonest. I think the most devastating thing about the Dover decision wasn't that the creationists lost, but that they lied and when caught, they lied again. If Buckingham had stood up and said "you bet I collected the money to buy these books. God demands nothing less. The separation of church and state is an abomination, and I will never stop fighting to correct it!" he'd probably have swayed his target audience (which is the greater community, not the judge). By saying "gee, I have no idea where that money came from" he undermined his faith. So maybe what we need to do is publicize that what the creationists are doing is dishonest, devious, and immoral. Forget illegal, that's a side-effect.
It wasn't Buckingham's lies that were the most devastating. This could be like Rahab lying when hiding the Israelite spies. It was Behe's lies that was more troubling because it was to fellow believers. The creationists kept crowing about how much progress they made over and against the Darwinists who were supposedly scared and on the run. When discussing this with believers note that Behe was forced under oath that there really wasn't any there there with respect to the science. Specifically, don't just note that the creationist leader lie but rather they lie to their fellow believers. This makes them look unnecessarily foolish and destroys their credibility. If the people you talk to are people who care about "spreading the Gospel" note that the lying of the professional creationists makes the Gospel less accepted.

Flint · 26 September 2010

Rich, you may be right. My personal view is that Buckingham's lies were of the sort that anyone can grasp immediately. Like Judas, he directly denied knowledge of what he himself had done. This is a simple lie, the lie of a child to a parent. Everyone understands it.

Behe's lies were much more subtle. I've talked with people who continue to believe that Behe showed that ID was REAL SCIENCE, right there in the courtroom. He used fancy language and big words, he has the PhD and the tenured professorship, he bearded the lion in his own den!

And we should note that Behe himself is on record, on numerous subsequent occasions, crowing that this is exactly what he did, and how proud he is of having had the opportunity to demonstrate, under oath, that ID is real science after all. He dismisses all criticism of his testimony as ideological bickering by those who don't understand the science. He was able to testify, under oath, that his concern was a scientific concern, with the actual physical mechanisms of design in empirical practice. After all, this is what he said on the stand. It's what he said in his book. It's what he believes. And someday, despite the ridicule, he promises to FIND such a mechanism. Scientifically, you know?

So while we understand that when he couldn't actually lie he was reduced to bafflegab and doubletalk, the average creationist in the street doesn't accept that. They NEED to believe ID is scientific. But they can understand Buckingham's lies.

Dave Luckett · 26 September 2010

Flint said: ...Most converts from creationism testify that logic and evidence were useless against their faith; they “knew” better. What shook them was the suspicion that their spiritual leadership was violating the spiritual rules - NOT the rules of logic and evidence. They were being immoral or dishonest.(...)
I was never a creationist, but I can say that it was this very thing that first drove me away from the organised Christian church. I am the son of a Presbyterian minister, brought up strictly in that denomination, and I still have a residual respect for some aspects of its tradition - its music, its dignity and its respect for scholarship, for instance. But in my adolescence I became increasingly aware of the disparity between what church leaders said and what they did, especially what they did in private. That came from my father's gossip about the doings in the Ministers' fraternal, and the politics in the Session and the Assembly of his own Church, which seemed to be founded mainly on personal animosity. It wasn't that I expected the clergy to be any better than me. It wasn't even that they were often a good deal worse, by the formal standards of the Faith they professed. It was that the Church itself seemed not merely useless as a moral authority, but indifferent to the issue. I personally knew no Catholic priest who abused children, but one of the local Anglicans had to be spirited away in the dead of night by his Church when some unsavoury details became public about his dealings with Boys' Brigade members - in both senses, if you take my meaning. The Anglican Bishop quietly invited the outraged parents to consult him privately, and it was all smoothed away without the regrettable involvement of the police. The staunchly RC family that lived across the road from us had one of their daughters become pregnant at sixteen from her one and only sexual encounter (she was largely ignorant of the matter). She went to her (Catholic) school chaplain for help, and found herself summarily expelled; but quietly, quietly, lest there be a scandal that might embarrass the school or the Church. To his credit, the local priest did a lot better, but he could not reverse the institutionalised callousness of the school. The Baptist pastor's children (all six of them) were thoroughly terrified of their father, who was ragingly violent. I can't speak for his wife, since I only knew the kids. I doubt, however, that he spared the rod in her case, either. Then there was my own father. After twenty-five years in the ministry, he ran off with the wife of one of his Elders. It became clear to me only afterwards that this affair was unusual for him only in that this particular woman wasn't prepared to go away quietly, as all the others had. As it was, newly remarried, he quietly applied to rejoin the ministry, and was quietly accepted, no questions asked. Some years later, he was divorced again, in similar circumstances. He was then privately advised that it seemed that parish work was not his calling, and he would be perhaps best suited as a reserve Navy chaplain and school visitor. Horses for courses, you understand. Alas, shortly after that he stopped believing in God, and was unwise enough to say so, at which point he was firmly shown the door. Marriage-go-round was one thing, but apostasy was quite another. All of which was quite enough to make me want to have nothing to do with this institution. But that, after all, is nothing more than personal distaste from limited sampling. I wanted something more solid than anecdote, and in the doctrines of election and eternal damnation, and the problem of idiocity, I found it. I could not believe in that. The whole edifice of Protestantism, then Christianity, then theism crumbled before my eyes. But would that have happened without those personal experiences? I doubt it. So, in a very roundabout way, I second Flint. If there's a way into a creationist's mind, it isn't initially through acceptance of evidence. It must come from rejection of authority, first.

Rich Blinne · 26 September 2010

Flint said: Rich, you may be right. My personal view is that Buckingham's lies were of the sort that anyone can grasp immediately. Like Judas, he directly denied knowledge of what he himself had done. This is a simple lie, the lie of a child to a parent. Everyone understands it. Behe's lies were much more subtle. I've talked with people who continue to believe that Behe showed that ID was REAL SCIENCE, right there in the courtroom. He used fancy language and big words, he has the PhD and the tenured professorship, he bearded the lion in his own den! And we should note that Behe himself is on record, on numerous subsequent occasions, crowing that this is exactly what he did, and how proud he is of having had the opportunity to demonstrate, under oath, that ID is real science after all. He dismisses all criticism of his testimony as ideological bickering by those who don't understand the science. He was able to testify, under oath, that his concern was a scientific concern, with the actual physical mechanisms of design in empirical practice. After all, this is what he said on the stand. It's what he said in his book. It's what he believes. And someday, despite the ridicule, he promises to FIND such a mechanism. Scientifically, you know? So while we understand that when he couldn't actually lie he was reduced to bafflegab and doubletalk, the average creationist in the street doesn't accept that. They NEED to believe ID is scientific. But they can understand Buckingham's lies.
As an evangelical trying to convince other evangelicals I've noticed a trend in terms of the degree of willingness evangelicals accept the scientific (or any other kind of) evidence. The more out of power evangelicals feel the less willingness there is to accept the evidence. Three to four years ago I felt pretty optimistic. Evangelicals were accepting global warming in greater numbers and our church also had the evidence for evolution presented at our adult Sunday school. (Even during this period only the adults could see this, the teens always got the propaganda.) During this period Jim Wallis wrote the Great Awakening having a similar positive outlook concerning the evangelical community. I was positive until the after the 2008 election and everything changed radically. All support for the reality for global warming was gone and likewise books such as Francis Collins' Language of God fell completely out of favor. Note the YouTube video I posted recently concerning Glen Beck and social justice. Note how Jim Wallis' tone and optimism are different. Compare and contrast other videos of Wallis from just a few years ago. So, somehow the paranoia needs to be alleviated until evangelicals will even look at the evidence. I've tried just presenting the evidence even on what should be an easy case such as the President's birth certificate. But, unfortunately even this doesn't work either. It seems the only way to get there is for the irrational right to be in power. But, that's too much of a price to pay. In the end, we just need to wait for the more sensible young people either to reform or leave the church -- with the latter the more likely outcome.

Rich Blinne · 26 September 2010

Flint said:

So my question is, instead, what is it that provides the motivation for creationism? What is it about the US that is eroding our educational system and making blind superstitution so satisfying, different from other first world nations? What is causing the strong trend away from more neutral faiths and toward fundamentalism and ignorance? Why is this trend so regional?

I suggest you pick up Richard Hofstadter's Anti-Intellectualism in America Life. Even though it was written the 60s much of what it says still applies. He noted the confluence of religious fervor and the influence of corporate America to only have "practical" things taught in the schools both caused an anti-intellectual effect.