Freshwater: Appeal Denied (UPDATED)
Today Judge Otho Eyster of the Knox County (Ohio) Court of Common Pleas denied John Freshwater's appeal of his termination as a middle school science teacher by the Mt. Vernon City Schools. In his ruling (Page 1 and Page 2, both PDFs at the Mount Vernon News site), Judge Eyster wrote that "Based on the number of witnesses and exhibits presented at the Referee's hearing held over a period of twenty-one (21) months, the Court finds Freshwater's request that the Court conduct additional hearings is not well taken." Further, the Judge wrote, "...there is clear and convincing evidence to support the Board of Education's termination of Freshwater's contract(s) for good and just cause,...".
In the decision Freshwater was ordered to pay the costs of the proceeding.
As I understand it, Freshwater still has the option to pursue an appeal of Judge Eyster's ruling up the ladder of the state courts. As far as I know he still has the support of the Rutherford Institute. No public comments by Freshwater and/or that Institute concerning the Court's ruling have as yet been made.
UPDATE As foreshadowed just above, The Rutherford Institute today (Oct 6) issued a press release saying it will appeal Judge Eyster's decision to the Ohio 5th District Court of Appeals. (Hat tip to Accountability in the Media, a site operated by Freshwater supporters.)
108 Comments
https://me.yahoo.com/a/JxVN0eQFqtmgoY7wC1cZM44ET_iAanxHQmLgYgX_Zhn8#57cad · 5 October 2011
It's time to face facts, Freshwater: The courts don't find you appealing.
Just go off and play up the martyr game. If you do it right, it can pay well.
Glen Davidson
DS · 5 October 2011
Here here.
stringfold · 5 October 2011
morrisma1954 · 5 October 2011
I am pleased by the judge's ruling but I am perplexed by Freshwater's reticence to begin the martyr process. Might he feel that these appeals must play out first? His job as a teacher cannot pay as well as the speaking circuit of fundie events. Seems odd.
harold · 5 October 2011
We shall see, but there may not be much of a market for Freshwater on the fundie circuit.
Take a look at the trolls here. They constantly make absurd claims of persecution.
But not because they admire people who are persecuted for what they believe in.
It is universally true of every fundie creationist troll that I have ever seen posts by, that they crave bullying authoritarian dominance so much that they perceive other people defending themselves from their bullying as them being "persecuted".
Freshwater went to court and lost.
Are any of the clowns who lost in Dover on the speaking circuit?
These aren't people who admire standing up for principle. These are domineering, bullying authoritarians, frequently with a sadistic flavor, who have cobbled together an ad hoc religion to "justify" their behavior.
They liked the Freshwater who made kids with the wrong religion feel unwanted and uncomfortable in public school. The one who lost to the "liberals" in court? They may not have much use for him. He failed in his efforts to dominate.
Richard B. Hoppe · 5 October 2011
Some news coverage:
Mount Vernon News
Columbus Dispatch (Notes that Freshwater has 30 days in which to file an appeal.)
https://me.yahoo.com/a/JxVN0eQFqtmgoY7wC1cZM44ET_iAanxHQmLgYgX_Zhn8#57cad · 5 October 2011
Richard B. Hoppe · 5 October 2011
One also needs to be reasonably articulate. Freshwater isn't.
https://me.yahoo.com/a/JxVN0eQFqtmgoY7wC1cZM44ET_iAanxHQmLgYgX_Zhn8#57cad · 5 October 2011
harold · 5 October 2011
anonatheist · 5 October 2011
Yes, the martyr circuit will be tough for him. He should stick to the radio where people can't see his wild eyes and flailing arms, they can only hear his rising voice. Things still aren't over for another 30 days and I wouldn't bet against him appealing it again. He seems just that crazy but I think he knows at a real court his shenanigans won't be tolerated.
Gary_Hurd · 5 October 2011
Some good news today.
Nice change.
Matt Young · 5 October 2011
Mike Elzinga · 5 October 2011
Mike Elzinga · 6 October 2011
As I was thinking back over the history of the ID/creationist movement, I find I can’t remember any instance, other than this one, in which ID/creationists suffered financial consequences for their actions.
In every case I remember, it was the taxpayer who ultimately picked up the tab for the time-wasting meddling by ID/creationists.
Freshwater cost the Mt. Vernon City Schools a lot of money and time wasted on completely unnecessary shenanigans; but in this case, Freshwater wiped himself out.
If this is a first, perhaps it will send an unmistakable message to any other ID/creationist sectarians thinking they are going to bully secular institutions and strain school budgets with useless expenses.
And maybe it will also send a message to administrators to develop some backbone and knowledge of the law rather than constantly attempting to placate aggressive sectarianism.
Kevin B · 6 October 2011
Tom · 6 October 2011
I think he may get a little bit of play on the Christian Martyr circuit, but not in regard to the creationism angle. I think the myth that's been most effectively spread is that he was fired simply for having a bible on his desk. That's what the preachers and fundie radio hosts will play up.
Whether there's any money in that, I don't know.
DS · 6 October 2011
morrisma1954 · 6 October 2011
Has Hamilton, Freshwater's (erstwhile?) attorney suffered from his failure in Freshwater's defense? Karma would suggest public stocks for the man but that kind of justice seldom happens.
SensuousCurmudgeon · 6 October 2011
The only future I can see for Freshwater on the talk circuit is at occasional fundraisers for the benefit of his lawyers. They'll introduce him, let him stand up, and maybe give him a few moments on stage so he can recite a script about their public interest legal activities. The money raised will benefit the lawyers, but they may pay Freshwater's travel expenses and give him a few bucks. In other words, his principal function will be as a fundraising prop -- for the benefit of others.
Matt Young · 6 October 2011
DavidK · 6 October 2011
eric · 6 October 2011
Mike Elzinga · 6 October 2011
And the band played on (and on and on and …).
Mike Elzinga · 6 October 2011
A little, off topic alert: (sorry)
Over at UD the editorials are simply livid that nobody in the ID community got a Nobel Prize. The sour grapes over the Nobel Prizes in chemistry and physics are really palpable.
And it appears that Joe Bozorgmehr has been banned over there.
Flint · 6 October 2011
raven · 6 October 2011
raven · 6 October 2011
It is interesting and typical that the fundies didn't bother to bail Freshwater out. IIRC, he ended up selling his residence.
They like martyrs but the best martyrs are someone else.
I've seen the same thing with the Forced Birther crowd. They want someone to assassinate MD's but the best killers are somebody else. They don't want to spend their life in prison, they want someone else to do the time.
Joe Felsenstein · 6 October 2011
Let's remember that what seems like a suicidal strategy, Freshwater's ill-advised insistence on martyrdom, might actually work in the long run. We can laugh about the defeat of the effort in Dover, Pennsylvania, and about Freshwater's doomed crusade. But if cases like those got appealed up to a sufficiently right-wing Supreme Court, the result might be very different.
I suspect that getting the case to the Supreme Court was the implicit strategy in Dover. The defeat of the creationists on the school board thwarted that. It probably wouldn't have worked with the current court, as bad as they are. But a right-wing president appointing a couple more Scalias and Thomases would be a whole different kettle of fish. We might find ID, or Teach The Controversy, or Teach Critical Thinking But Only About Evolution, shoved down our throats by that court. The results would be dire, both for science and for separation of church and state.
tomh · 7 October 2011
Kevin B · 7 October 2011
Wolfhound · 7 October 2011
morrisma1954 · 7 October 2011
Dave Luckett · 7 October 2011
Blogspam.
morrisma1954 · 7 October 2011
Dave Luckett · 7 October 2011
It's like all spam. It depends on how much of it he's put out. Bizarre or no, it'll generate some traffic to that site, if he puts enough out.
harold · 7 October 2011
Paul Burnett · 7 October 2011
Odd - the Rutherford Institute press release somehow fails to mention Freshwater burning crosses on students' flesh. I wonder why.
Atheistoclast · 8 October 2011
dalehusband · 8 October 2011
Chris Lawson · 8 October 2011
A'clast,
I find it difficult to believe that a GCSE biology textbook would make no reference to evolution or natural selection. I wonder if you would care to provide a checkable reference to this miraculous book?
apokryltaros · 8 October 2011
Atheistoclast · 8 October 2011
Dave Lovell · 8 October 2011
Dave Lovell · 8 October 2011
Dave Lovell · 8 October 2011
Sorry, that should have read:
I think it is not "some", but “most” if not “almost all”.
apokryltaros · 8 October 2011
https://me.yahoo.com/a/JxVN0eQFqtmgoY7wC1cZM44ET_iAanxHQmLgYgX_Zhn8#57cad · 8 October 2011
If you can deny that the Holocaust happened like AC does, why not evolution? Or, is it the other way around?
Quite seriously, this yahoo is from Iran where evolution denialism and Holocaust denialism go hand in hand. Why not indeed? The latter has a moral dimension that the former does not, but, aside from that, it's about the same loathsome abuse of evidence, arguments, and the very conceptions of truthfulness and honesty.
Evolution is blamed for all kinds of evils by these clods, without being able to convince anybody who isn't already condemning evolution that it causes much of anything (aside from the evolution of life). I'd be rather surprised, by contrast, if the denial of the evidence of evolution doesn't play a rather direct role in aiding and abetting the Holocaust denialism in the Mideast, including that of this AC bozo.
Glen Davidson
https://www.google.com/accounts/o8/id?id=AItOawkWCfqq_fzPq0Wg6oR3i1Q5_WQtE1SgWuw · 8 October 2011
Mike Elzinga · 8 October 2011
Atheistoclast · 8 October 2011
Atheistoclast · 8 October 2011
Mike Elzinga · 8 October 2011
harold · 8 October 2011
https://me.yahoo.com/a/JxVN0eQFqtmgoY7wC1cZM44ET_iAanxHQmLgYgX_Zhn8#57cad · 8 October 2011
https://me.yahoo.com/a/JxVN0eQFqtmgoY7wC1cZM44ET_iAanxHQmLgYgX_Zhn8#57cad · 8 October 2011
phhht · 8 October 2011
harold · 8 October 2011
Atheistoclast · 8 October 2011
apokryltaros · 8 October 2011
Atheistoclast · 8 October 2011
Mike Elzinga · 8 October 2011
DS · 8 October 2011
Kevin B · 8 October 2011
cwjolley · 8 October 2011
Atheistoclast · 8 October 2011
Atheistoclast · 8 October 2011
harold · 8 October 2011
stevaroni · 8 October 2011
Atheistoclast · 8 October 2011
Atheistoclast · 8 October 2011
Mike Elzinga · 8 October 2011
harold · 8 October 2011
stevaroni · 8 October 2011
harold · 8 October 2011
harold · 8 October 2011
Since Joseph Bozorgmehr is here, I'll just bother to note that the "Darwinist orthodoxy" posts and replies to his comments, reviews and even publishes his papers (*note - his two papers in mainstream journals do not contain creationist language*), etc.
Meanwhile, his fellow creationists ban him for advocating rigid dogma that is minimally different from their particular rigid dogma.
Mike Elzinga · 8 October 2011
PA Poland · 8 October 2011
GodMagical Sky Pixies'Intelligent' Designers !!) IDio-creotards are parasites, for they would have NOTHING besides personal incredulity and numerolgy to bamboozle the rubes with if reality-based scientists didn't do and report all the work. Molecular biology was just starting to get going back in the 80s - nowadays, it shows how valid the ToE is better than anything else so far. And blubbering about conspiracies (ie, 'authors dare not question evolution !!') ? It was a lame tactic 30 years ago; it is even lamer now. Invoking it signals desperation and evasion.Atheistoclast · 8 October 2011
Atheistoclast · 8 October 2011
Atheistoclast · 8 October 2011
Mike Elzinga · 8 October 2011
Atheistoclast · 8 October 2011
cwjolley · 8 October 2011
Mike Elzinga · 8 October 2011
dalehusband · 8 October 2011
stevaroni · 9 October 2011
stevaroni · 9 October 2011
Atheistoclast · 9 October 2011
Atheistoclast · 9 October 2011
dalehusband · 9 October 2011
Chris Lawson · 9 October 2011
Actually, a professional dentist does need to understand some basic evolutionary theory because dentists prescribe antibiotics and therefore need to know about resistance patterns.
(Sorry if this is a duplicate, but the commenting system seems determined to trip me up.)
Chris Lawson · 9 October 2011
Atheistoclast · 9 October 2011
harold · 9 October 2011
harold · 9 October 2011
Suppose I have a deep psychological need to claim that "Pi =3", as stated in the Bible.
No-one listens.
So, I go get a PhD in math, behaving "as if" Pi = 3.14..., in order to get my degree.
Or I publish some minor math papers that don't directly mention pi.
Or both.
Then I say, "I'm an expert mathematician, and I say that pi = 3, I claim that mathematical definitions of pi are not the 'true' definition", whatever.
So what? I'm wasting my time. Pi doesn't equal three.
eric · 9 October 2011
Chris Lawson · 9 October 2011
You claim that the topic "mutation and modification" is not about evolution.
You claim that "The Hardy–Weinberg principle (part of the syllabus) states that 'allelic frequencies in a population remain constant— in equilibrium — from generation to generation unless specific disturbing influences are introduced.'” Since I note that you are quoting here, let me continue the same quote. "Those disturbing influences include non-random mating, mutations, selection, limited population size, 'overlapping generations', random genetic drift, gene flow and meiotic drive. It is important to understand that outside the lab, one or more of these 'disturbing influences' are always in effect. That is, Hardy–Weinberg equilibrium is impossible in nature." As a published author on the subject of population genetics, I can only assume that your decision to only quote the first part is a premeditated choice. Let me put this plainly: you read the definition of the HW equilibrium and you made up an untruth about it being "anti-evolution".
Quite frankly, the Bathroom Wall is where you belong for each and every post you submit. Not because I disagree with your opinion, idiotic as it is, but because you make up bullshit at every opportunity for the sole purpose of derailing threads. As someone who is here to learn useful and interesting information, I am tired of your high-volume white-noise schtick fouling up near every damn thread.
Atheistoclast · 9 October 2011
Atheistoclast · 9 October 2011
DS · 9 October 2011
Chris Lawson · 9 October 2011
Chris Lawson · 9 October 2011
Umm...apologies to any other Joes.
stevaroni · 9 October 2011
Atheistoclast · 9 October 2011
Doc Bill · 9 October 2011
bigdakine · 9 October 2011
Richard B. Hoppe · 9 October 2011
Man, I can't stay off the Web for one day without coming back to an Atheistoclast mess again. I'm not going to wade through all the comments to send stuff to the BW. While there are some real good comments rebutting Atheistoclast's ignorance and dissembling, this thread has wandered far from the original topic and I'm closing it. Thanks for your participation, folks.