Posted on 10/21/2014 7:05:51 AM PDT by detective
The University of New Mexico and one of its professors will face trial on a charge of violating the constitutional rights of a student punished for expressing her opinions about lesbianism in a class described by the instructor as having “controversy built right into the syllabus.”
Chief U.S. District Judge M. Christina Armijo denied a motion by the university to dismiss a case brought by student Monica Pompeo, who claimed she was improperly dismissed from the class for describing lesbianism as perverse in an assigned critique of a lesbian romance film.
(Excerpt) Read more at wnd.com ...
This student got a lawyer and went to court. Most students are unable to do this. Their only options are to be silent or drop the class.
The judge gets it. Nice. Now for some hefty financial penalties.
I’m guessing the Chancellor is asking an outside lawyer over the prospects here about losing, and what exactly might be at stake. It could open up the door for more lawsuits, more losses, and more challenges against professors. Frankly, if the college loses....it’s a big deal. For intellectual professors....they always thought the roughest treatment they’d ever face was a Chancellor...well, they were wrong. A state judge could life pretty miserable.
I hope she wins a such a large monetary award that she winds up ‘owning’ the university and those lib “educator’s” asses!
Excellent case, but somehow I am not optimistic.
The bulldykes are the same “gals” who ran the feminist movement into a sword against the liberty and well being of men and heterosexual relationships.
Now they are doing the same on behalf of homos.
"the university was imposing viewpoint-based discrimination in violation of the law"
This is typical of The Left. It claims to be liberal but is in fact bigoted, claims to be tolerant but is intolerant, claims to embrace diversity but demands conformity, claims to be open-minded but is closed-minded, claims to love but in fact hates.
It's Orwellian, like "love is hate", "freedom is slavery", "war is peace".
George Orwell had these people pegged. He was a prophet.
Yesssss! Take that ya PC nazis! And break out the checkbook; stupidity is expensive.
What would be fun is to offer the university two options as a settlement:
1) Pay X dollars for your clear violation of this student’s civil rightsh
2) Pay 1/2 X, offer a full-page public apology to the student and the taxpayers, and fire this alleged “professor.”
See which one they’d pick.
Art II, Sec. 17. [Freedom of speech and press; libel.]Art 2, Sec 4 says there are certain inalienable rights
Every person may freely speak, write and publish his sentiments on all subjects, being responsible for the abuse of that right; and no law shall be passed to restrain or abridge the liberty of speech or of the press. In all criminal prosecutions for libels, the truth may be given in evidence to the jury; and if it shall appear to the jury that the matter charged as libelous is true and was pub-Art II, Sec. 11. [Freedom of religion.]
Every man shall be free to worship God according to the dictates of his own conscience, and no person shall ever be molested or denied any civil or political right or privilege on account of his religious opinion or mode of religious worship. No person shall be required to attend any place of worship or support any religious sect or denomination; nor shall any preference be given by law to any religious denomination or mode of worship.Art II, Sec. 4. [Inherent rights.]
All persons are born equally free, and have certain natural, inherent and inalienable rights, among which are the rights of enjoying and defending life and liberty, of acquiring, possessing and protecting property, and of seeking and obtaining safety and happiness.
among whichare those listed — this does not preclude the existence of others, in fact the 'among which' indicates that there are others, such as having one's own opinion (as explicitly stated in respect to religion).
Here’s hoping the professor is entirely ruined by this, and the university is badly crippled, “to encourage the others.”
The lawsuit is in Federal Court and the cause of action is based upon someone under the color of state law denying a right protected by the US Constitution.
So now we have ‘Secular Inqusitions’ on college campus’s ... nice ...
“NOBODY EXPECTS THE SECULAR INQUISITION!”
The First Amendment:
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.How does
Congressapply to the states via incorporation? Is there some sort of magic transformation that makes the text different when incorporated by the fourteenth amendment? Moreover, how is a restriction clearly upon the government applicable to a private institution? — I know it's a private institution because of other interesting legal discussions regarding rights more explicitly protected. — So, yeah, using the first amendment here is stupid because it sets up precedence on things that are obviously false.
LOL. Sensitivity training for the professor would be poetic justice.
The court is hearing a lawsuit based upon a violation of 42 USC 1983. The judge based her ruling on the case actually in front of her.
This may suggest to my alma mater they be a tad more careful in their selection of Visiting Associate Professors. She was selected for this position by the Cinematic Arts Department even though she doesn’t have a PhD, which is the usual criteria for teaching at the university level. Source: http://cinematicarts.unm.edu/faculty-staff/
I always found this one interesting at Washington State University.
http://www.firstamendmentcenter.org/student-claims-teachers-college-biased-against-conservatives
He fought back by contacting the Foundation for Individual Rights in Education, a Philadelphia-based group that battles political correctness at universities.
“They want liberals out there teaching kids,” Swan complained about the College of Education. “To me, it seems mainstream opinions got me in trouble.”
Officials for the university say they are taking a fresh look at the criteria used to determine if prospective teachers are fit to lead a classroom full of children.
The evaluations are designed to identify future teachers who might introduce inappropriate material — whether about politics, religion or other hot-button issues — or would be uncomfortable among some groups in classrooms.”
...
Swan was also told to sign an agreement to respect community norms and appreciate diversity. He refused and the university withdrew it after receiving complaints from FIRE, which argued that it was an unconstitutional intrusion on Swan’s freedom.
May I please sit on the jury?
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