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JUDGE RULES EVOLUTION DISCLAIMERS "UNCONSTITUTIONAL"
ASSOCIATED PRESS

Posted on 01/13/2005 8:33:37 AM PST by SoFloFreeper

ATLANTA (AP) -- Federal judge rules the evolution disclaimer stickers placed inside Cobb County science textbooks are unconsitutional.


TOPICS: Breaking News; Culture/Society; News/Current Events; US: Georgia
KEYWORDS: 1stamendment; activistjudge; cannotrepeatit; constitution; crevolist; dumbestverdictever; education; evolution; evolutionisatheory; firstamendment; freespeech; judicialoligarchy; judicialtyranny; religion; religionofscience; religiousintolerance; ruling; scienceeducation; secularhumanism; textbooks; thereisnoproof; unconstitutional
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To: pkp1184

"I am a student at Kennesaw State University in Cobb County and my science professory was smiling like a jackal today... he couldn't have been happier about this nonsensical ruling."


Keep in mind the old saying "he who laughs last laughs longest", and WE have not begun to laugh YET!


101 posted on 01/13/2005 9:57:26 AM PST by Just mythoughts
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To: fooman
Many of the same crowd do not understand the difference between creationism and intelligent design

I do. The difference is a fig leaf.

102 posted on 01/13/2005 9:57:59 AM PST by Physicist
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To: annalex

According to the idiot judge, while evolution may be called "theory" by some unspecified individuals, it may not be called that by "religiously motivated individuals".

Give that man a Darwin award.


103 posted on 01/13/2005 9:58:08 AM PST by annalex
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To: Physicist

LOL


104 posted on 01/13/2005 9:58:22 AM PST by Just mythoughts
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To: Dog Gone

Heliocentricity is a theory, not a fact.


105 posted on 01/13/2005 9:59:04 AM PST by T'wit (I was so moved by Stephanie Tubbs Jones's call for honest voting, I demand recounts in blue states.)
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To: T'wit
(Ole and Lena got married. On their honeymoon trip they were nearing Minneapolis when Ole put his hand on Lena's knee. Giggling, Lena Said, "Ole, you can go farther if ya vant to"... so Ole drove to Duluth.)

Actually, Ole went to Grand Marais, where he met up with Swen and opened up Swen and Ole's, the best pizza place this side of Chicago.

106 posted on 01/13/2005 10:00:35 AM PST by steveegg (The secret goal of lieberals - to ensure that no future generation can possibly equal theirs.)
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To: SoFloFreeper
Perhaps an argument could be made for "unwise" or "not recommended," but unconstitutional?

Maybe if we paid our judges more, we wouldn't have so many stupid ones.

107 posted on 01/13/2005 10:01:09 AM PST by cookcounty (-It's THE WHITE HOUSE, not THE WAFFLE HOUSE.)
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Comment #108 Removed by Moderator

To: mhking
Like I said, the biggest complaint I've got is the waste of taxpayer money -- and being in Cobb County, I get to see that first hand.

Based on that logic, I'd think you'd be more upset with the parents who sued and forced Cobb County to waste money defending its decision in court.

109 posted on 01/13/2005 10:01:53 AM PST by bigLusr (Quiquid latine dictum sit altum viditur)
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To: SoFloFreeper
Clarence Cooper
Clarence Cooper. ... Judge Cooper was appointed a United States District Court Judge for the Northern District of Georgia by President Clinton on May 9, 1994. ...


Second Google entry of +Judge +Clarence +Cooper

Enough said.
110 posted on 01/13/2005 10:04:41 AM PST by AFPhys ((.Praying for President Bush, our troops, their families, and all my American neighbors..))
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To: mhking
The sticker in the book says: "......This material should be approached with an open mind, studied carefully and critically considered."

Obviously unconstitutional.

111 posted on 01/13/2005 10:05:12 AM PST by cookcounty (-It's THE WHITE HOUSE, not THE WAFFLE HOUSE.)
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To: ohioWfan

LOL.

Well, gosh, why didn't someone just tell me it's the truth simply because it's an article of faith for them, and I wouldn't have spent all this time looking at the issue.

C'mon. You want a "scientific" approach (which I assume you take ID to be) and have it accepted simply because someone states "it's the truth". If you want to play in the science game, it's gotta be a little more than just stated categorically.


112 posted on 01/13/2005 10:06:04 AM PST by dmz
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To: PatrickHenry
Thank you for your post. You did a good job at capturing the relevant parts of the opinion.

If you have ever read my previous posts on the "evo" threads, you will know that I oppose the teaching of creationism in school.

Nevertheless, this judge's decision is troubling. He seems to say that just because some religious folks forced the issue, the school board cannot insert a non-religious sticker on a textbook.

According to this judge, it will be unconstitutional to place a sticker on physics books stating that "the law of gravity is a theory, not fact." As long as religious people asked for the sticker, then the content of the sticker can be twisted to mean anything the judge wants.

I think this judge overreached, and I hope he will get overturned.

113 posted on 01/13/2005 10:06:54 AM PST by george wythe
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To: All
More from the court's opinion (it's riddled with typos, typical of the early draft of such opinions):
[p 38 ff]
Due to the manner in which the Sticker refers to evolution as a theory, the Sucker also has the effect of undermining evolution education to the benefit of those Cobb County citizens who would prefer that students maintain their religious beliefs regarding the origin of life As Plaintiffs argue and Dr Miller, the co-author of the science textbook, testified, the use of "theory" in the Sticker plays on the colloquial or popular understanding of the term and suggests to the informed, reasonable observer that evolution is only a highly questionable "opinion" or a "hunch " The Sticker thus has a great potential to prompt confusion among the students.' While there may be an educational benefit to students spending time learning the general difference between a theory and a fact as a scientific matter, teachers have less time to teach the substance of evolution. Thus, although evolution is required to be taught in Cobb County classrooms as a technical matter, distracting tangential issues effectively dilute evolution instruction to the benefit of the anti-evolutionists who are motivated to advance their religious beliefs.

skip

[p 42] In sum, the Sticker in dispute violates the effects prang of the Lemon test and justice O'Connor's endorsement test, which the Court has incorporated into its Lemon analysis Adopted by the school board, funded by the money of taxpayers, and inserted by school personnel, the Sticker conveys an impermissible message of endorsement and tells some citizens that they are political outsiders while telling others that they are political insiders. Regardless of whether teachers comply with the Cobb County School District's regulation on theories of origin and regardless of the discussions that actually take place m the Cobb County science classrooms, the Sticker has already sent a message that the School Board agrees with the beliefs of Christian fundamentalists and crest ionrsts. The School Board has effectively improperly entangled itself whiz religion by appearing to take a position Therefore, the Sticker must be removed from all of the textbooks into which it has been placed .

skip

p43 In the instant case, it is undisputed that the Cobb County School Board used the money of taxpayers to produce and place the Sticker in dispute in certain of the Cobb County School District science textbooks This Sticker aids the beliefs of Christran fundamentalists and creationists. In light of the prior interpretation of the Georgia Constitution provision challenged by the Plaintiffs and given the Court's conclusion above that the Sticker violates the Establishment Clause of the First Amendment, the Court likewise concludes that the Sticker runs afoul of the Georgia Constitution.

CONCLUSION

Fox the abode-stated reasons, the Court hereby FINDS and CONCLUDES that the Sucker [hee hee, hysterical typo] adopted by the Cobb County Board of Education violates the Establishment Clause of the First Amendment and Article I, Section II, ParagraphVII of the Constitution of the State of Georgia In light of this conclusion, the Court hereby ORDERS as follows

1 . Defendants shall immediately remove the Sticker from all science textbooks into which the Sticker has been placed

2 Defendants are permanently enjoined from disseminating the Sticker in any form

3 Because Plaintiffs seek nominal damages, Plaintiffs shall file with the Court and serve upon Defendants then claim for damages and a verified statement of any fees and/or costs to which they claim entitlement. Defendants shall have the right to object to any such fees and costs as provided in the applicable statutes and court rules.


114 posted on 01/13/2005 10:07:00 AM PST by PatrickHenry (<-- Click on my name. The List-O-Links for evolution threads is at my freeper homepage.)
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To: mhking
So this is unconstitutional: "This material should be approached with an open mind, studied carefully and critically considered."

Let me rephrase it in a constitutionally acceptable way: THIS MATERIAL MUST BE SWALLOWED WHOLE. IT CANNOT BE QUESTIONED, STUDIED OR DEBATED. NO DISSENT IS PERMITTED. ON THIS QUESTION ALL MINDS MUST BE CLOSED AND LOCKED TIGHT.

115 posted on 01/13/2005 10:08:26 AM PST by T'wit (I was so moved by Stephanie Tubbs Jones's call for honest voting, I demand recounts in blue states.)
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To: UnashamedAmerican
So does that mean there also wont be disclaimers on Newton's Theory of Gravity or the Spherical Earth Theory?

Can you offer conclusive, scientific proof (i.e. repeatable) for the theory of evolution? If so, get your plane ticket to Oslo ready for a Nobel prize, because nobody has yet.

116 posted on 01/13/2005 10:10:22 AM PST by steveegg (The secret goal of lieberals - to ensure that no future generation can possibly equal theirs.)
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To: george wythe
Biography and pic of Judge Clarence Cooper (who wrote the opinion in this case): Clarence Cooper. Clinton appointee.
117 posted on 01/13/2005 10:15:41 AM PST by PatrickHenry (<-- Click on my name. The List-O-Links for evolution threads is at my freeper homepage.)
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To: PatrickHenry
I think the typos are a result of the character recognition software converting the .pdf to text. The version here (Click on "Order in 1:02-CV-2325-CC") clearly shows it as "Sticker." But that is a funny typo, regardless of where it came from.
118 posted on 01/13/2005 10:16:01 AM PST by WildHorseCrash
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To: PatrickHenry
In this case, the Court believes that an informed, reasonable observer would interpret...

????

The judge interprets law then makes a decision based upon divining the mind of a fictional observer? Objectivity be damned.... Otherwise it requires a jury....

119 posted on 01/13/2005 10:17:29 AM PST by DBeers
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To: SoFloFreeper

No reefer madness stickers either?


120 posted on 01/13/2005 10:17:58 AM PST by Ben Chad
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