Wednesday, September 16, 2009

Corbett wins one

Remember those "Jesus glasses"?
Teacher not financially liable for disparaging Christians in class (OC Reg)

A federal judge has ruled that high school history teacher James Corbett is not financially liable for disparaging Christians in class, in violation of a former student's First Amendment rights.

"Corbett is shielded from liability – not because he did not violate the Constitution, but because of the balance which must be struck to allow public officials to perform their duties," [U.S. District Judge James] Selna said in a 33-page decision issued from his Santa Ana courtroom.

In May, Selna determined that Corbett, 62, violated the First Amendment's establishment clause when he referred to Creationism as "religious, superstitious nonsense" during a fall 2007 lecture at Mission Viejo's Capistrano Valley High School.

But the judge on Tuesday shielded Corbett from financial liability under a "qualified immunity" defense, a form of federal protection available to government employees who have violated an individual's constitutional rights.

[17-year-old Chad] Farnan's attorneys, who were working on the case on a pro-bono basis through a nonprofit Christian legal group, vowed to appeal the judge's decision.

"We feel the judge erred in his ruling," said attorney Jennifer Monk of Murrietta-based Advocates for Faith & Freedom. "At the same time, we are happy with the May 1 ruling and it doesn't not take away from the fact that Dr. Corbett violated the establishment clause."

In his lawsuit, Farnan did not seek monetary damages, but he asked that his former Advanced Placement European history teacher be fired or that the court issue an injunction barring Corbett from disparaging religion in class.

Selna ruled against issuing such an injunction; Corbett remains in his teaching position at Capistrano Valley High….

Doobie, doobie, doo


Pot users with chronic ailments lobby City Council (OC Reg)


Medical pot proponents called their peaceful rally tonight at Lake Forest's City Council meeting a success, saying the turnout brought awareness to the many patients helped through the use of medicinal marijuana.

The group – about 150 strong, filling the council chambers to capacity – vowed to return for the next City Council meeting to work toward keeping city dispensaries going by collaborating with city officials on how to regulate them.

"The solution is to regulate them," said Ryan Michaels, 27, who works with several of the Lake Forest dispensaries, to assure they are in compliance. "I don't think the problem is the city of Lake Forest. They are being pushed by their attorneys. The solution is regulating them and mitigating them through patient fundraisers. Potentially, we can come to a compromise."

The group – made up of representatives for patients with cancer, AIDS, chronic pain and nerve issues also includes advocacy groups like Medical Marijuana Inc. and OC NORML, the local chapter of the National Organization for Reform of Marijuana Laws. The group is hopeful of changing the city's direction in the wake of its recent legal efforts to remove at least 10 pot dispensaries operating in some of the city's strip malls.

On Sept. 1, the Lake Forest City Council announced that it had filed civil complaints against 35 people associated with 14 medical marijuana dispensaries in the city and called on immediate prosecution and abatement of the storefronts

4 comments:

Anonymous said...

So, if a teacher tells the truth about creationism, he or she will have to fear another easily offended little brainless twit and a lawsuit?

Anonymous said...

Well, Corbett is his own worst enemy. There's no need for the "in your face" approach in the classroom. He could have offered a reasoned defense of his view (about the poverty of Creationism) and left it at that. But he seems to need to characterize the believers as fools. (Perhaps they are, but what is gained by making that point?) I'm glad he doesn't have to pay for his defense and that he keeps his job, but I do hope he dials back his classroom rhetoric.

Anonymous said...

I don't entirely disagree, but the simple fact that a teacher took an aggressive approach when dealing with antiscientific mythology that tries to pass itself off as factual, and was sued for it. His behavior was then declared unconstitutional, and I would prefer a better reason than he was simply offensive and over the top. Many a good teacher is.

Anonymous said...

Yes--how the hell can anyone judge that one violated the Constitution by expressing his own view in an obnoxious manner?? Good lord! Thank you for your usual acuity, JR at 8:53. (That is you, isn't it?

MAH

Roy's obituary in LA Times and Register: "we were lucky to have you while we did"

  This ran in the Sunday December 24, 2023 edition of the Los Angeles Times and the Orange County Register : July 14, 1955 - November 20, 2...