Tag: Selman v. Cobb County
New York Times Repeats NCSE’s False Account of Selman v. Cobb County Case
Last week’s New York Times article on academic freedom legislation makes a false assertion that the Selman v. Cobb County Board of Education claimed it was illegal to single out evolution in a curricular policy. The NY Times article wrongly states: The legal incentive to pair global warming with evolution in curriculum battles stems in part from a 2005 ruling by a United States District Court judge in Atlanta that the Cobb County Board of Education, which had placed stickers on certain textbooks encouraging students to view evolution as only a theory, had violated First Amendment strictures on the separation of church and state. Although the sticker was not overtly religious, the judge said, its use was unconstitutional because evolution Read More ›
Law Review Note Critiques Selman v. Cobb County District Court Ruling
In March of 2002, the Cobb County School Board adopted a policy requiring stickers to be placed in biology textbooks which committed the apparently unconstitutional crime of stating, “Evolution is a theory, not a fact, regarding the origin of living things. This material should be approached with an open mind, studied carefully, and critically considered.” The lawsuit ended last December, when the school district entered into a lose-lose-lose settlement with the ACLU: (1) The district had to pay the ACLU $166,659, (2) The district had to permanently remove the stickers, and (3) The district was permanently enjoined from “making any disclaimers regarding evolution.” I don’t favor using the “evolution is a theory, not a fact” line because it enters semantic Read More ›
“Missing Links” and “Unfilled Gaps” Cause Selman v. Cobb County Case to be Vacated and Remanded
Today the 11th Circuit Court of Appeals issued its ruling in the Selman v. Cobb County case, which vacated and remanded the prior ruling of a federal district court. By vacating the problematic ruling, this could be a step towards the vindication of the right of school districts to teach evolution objectively. The 3-Judge panel found that until “missing links in the documentary chain have been provided” (pg. 33) which would remedy “the unfilled gaps in the record” (pg. 43), they cannot determine if trial court Judge Cooper was correct to find that: “in light of the sequence of events that led to the Sticker’s adoption, the Sticker communicates to those who endorse evolution that they are political outsiders, while Read More ›
Holocaust Denier Led the Charge Against Academic Freedom on Evolution in Alabama
For the last three years, defenders of academic freedom and free speech on evolution have supported Alabama’s Academic Freedom Bill. Although the bill has come close to final passage, it recently died again in the Alabama legislature. An outspoken opponent of the bill has been activist Larry Darby. Mr. Darby’s vehement opposition to the Alabama Academic Freedom Bill was on full display at a House Education hearing back on April 29, 2004. According to reports I have received, committee chair, Rep. Yvonne Kennedy (D), did not allow citizens to testify for the bill. But for some reason she let Mr. Darby alone provide special commentary on it. Blasting the bill, Mr. Darby claimed that Alabama already had enough legislation filled Read More ›