Posted by Mike Dunford on September 5, 2007

Last week, I reposted four old articles that I wrote back in 2005, when a group representing a number of Christian schools in California filed a lawsuit against the University of California claiming that UC’s rejection of several of their courses was illegal “viewpoint discrimination.” In a more recent post, I mentioned that there’s a hearing on motions for summary judgement scheduled for later this month. I also mentioned that the Christian schools claim that all they are doing is “adding a religious viewpoint” to “standard course material.” It doesn’t take a genius to see that the “viewpoint” presented in some of the textbooks used in the rejected courses is explicitly opposed to the actual science of biology. It certainly represents something very far from the “standard” course material for high school biology. (Or, for that matter, biology anywhere in the reality-based universe.) Nevertheless, the Christian schools seem to be determined to argue that they really do teach the “standard” scientific material.

And they’ve got help - an expert witness. That’s right, the Christian schools have found themselves someone who is willing to stand up and argue that a textbook that “puts the Word of God first and science second” really does teach standard science. Who, you might wonder, is the scientist brave enough to stand up to the harsh wind of reality and claim that teaching that, “man is a special creation that is completely separate from the physical universe and the animal kingdom,” is just an addition to “standard” science? Professor Michael Joseph Behe of Lehigh University, that’s who.

Read more (at The Questionable Authority, where comments can be left):

Posted by Mike Dunford on September 3, 2007

Over the last few days, I reposted a series of four articles that I wrote two years ago. Those articles discuss a California lawsuit filed by a group of Christian schools against the University of California. They are suing in an attempt to force UC to recognize some of their classes as meeting the requirements that UC sets for high school students who are applying for admission to the system. Several subjects are involved in the suit, but as a biologist I’m mostly interested in the biology courses that are involved.

At the moment, the next scheduled event in the case comes on September 24th, when the judge will hear arguments on motions for summary judgement. I’m not a legal expert, and I don’t spend as much time following Constitutional Law for fun as Ed does, but I’ve got a feeling that the motion for summary judgement filed by the Christian schools will fail, and the case will go to trial. A motion for summary judgement can only be granted if there are no significant disputes about material facts in the case. In this particular case, at least as far as the science books are concerned, there is a significant dispute about the facts.

The plaintiffs (the Christian schools) claim that their courses, “add to standard content a banned book, a religious viewpoint that God created man and woman, or the viewpoint of creation or Intelligent Design,” and that this constitutes “viewpoint discrimination.” (Brief for Summary Judgement p. 20). Someone from the Association of Christian Schools International, one of the plaintiffs in the case, left a comment on a couple of the old articles that elaborated a bit on that - the case, he claimed, is not about creationism, it’s about “illegal viewpoint discrimination.

Read more (at The Questionable Authority, where comments can be left):

Posted by Timothy Sandefur on June 15, 2007 | Comments (48) | TrackBack (0)

The Discovery Institute’s Casey Luskin contends in this post that librarians in public schools are “censoring” Intelligent Design by refusing to put copies of Michael Behe and Philip Johnson books on their shelves. Of course, Luskin cites the famous Supreme Court decision Board of Education v. Pico, 457 U.S. 853 (1982), claiming that it holds that the First Amendment is violated when school districts refuse to stock certain books on their library shelves.

Continue reading  “Luskin Once Again Gets The Law Wrong

Posted by Timothy Sandefur on June 5, 2007 | Comments (14) | TrackBack (0)

The Montana Law Review symposium on the Kitzmiller decision has been posted on line. It includes an article by the DI’s David De Wolf, John West, and Casey Luskin, then a masterful response by Peter Irons, then a rebuttal to that by De Wolf, et al. There’s little here that Thumb readers won’t already know—although it’s always nice to see an article like Irons’, which not only makes all the right points, but does so in a wonderfully readable, non-technical style. We’ve responded at length to the DI’s accusation that the Kitzmiller decision is an “activist” decision, but I did want to say a bit more on this. (It appears on pp. 14-17 of the first De Wolf, et al., article.)

Continue reading  “Montana Law Review Issue on Kitzmiller Case

Posted by Nick Matzke on May 16, 2007 | Comments (86) | TrackBack (1)

It looks like Wendell Bird‘s lawsuit against the University of California is going to trial. This is the lawsuit bought by some private Christian high schools (Association of Christian Schools International et al., or ACSI) against the U.C. (Roman Stearns, special assistant to the U.C. president, et al.), protesting the fact that the U.C. doesn’t give credit for certain courses taught at these private schools. Not all of the classes involved are science classes, but the science classes at issue make use of Bob Jones University textbooks which are full of fake fundamentalist “science.” Private religious high schools have the right to teach whatever silliness they want (although even many private Christian schools teach evolution without problems), but it is rather dubious to assert that a top institution like the U.C. should be forced to drop all of its standards and give credit for classes that teach creationist falsehoods.

NCSE is not involved in this case so I don’t know much more than anyone else about the details of it. The legal issues are rather different than in Kitzmiller v. Dover – here, the creationists are the plaintiffs, and as I understand it, the constitutional issue is not the Establishment Clause but the Free Exercise Clause. ACSI asserts that the U.C.’s standards amount to religious discrimination. However, I do have a rather direct interest in the case myself, since I will be a Ph.D. student at U.C. Berkeley this fall, and will be a teaching assistant in the evolution course. Will the undergraduates that the U.C. admits be prepared, or will they require tedious remedial education to re-do all the biology they were taught incorrectly the first time around?

Through the grapevine, I have heard a few tidbits about the case that will interest people. It looks like the trial will be another battle of the experts:

Continue reading  “ACSI v. Stearns, aka Wendell Bird vs. UC

Posted by Nick Matzke on May 10, 2007 | Comments (11) | TrackBack (0)

The PNAS Early Edition webpage has just posted a series of papers from the December 2006 National Academy of Sciences Sackler Colloquium, “In the Light of Evolution: Adaptation and Complex Design,” organized by Francisco Ayala and John Avise. The series of papers, on topics ranging from color vision to beetle horns, is now available (I will post the list below the fold). Eugenie C. Scott (aka Genie) was invited to speak at this meeting about evolution education and the history of opposition to it, and the speakers wrote papers to be published in PNAS and a forthcoming NAS volume.

Genie brought me on as a coauthor on the paper she was asked to write. This became:

Continue reading  “NAS Sackler Colloquium papers online

Posted by Nick Matzke on May 8, 2007 | Comments (98) | TrackBack (0)

This was recently posted on CSEblogs.com – the blogs of Creation Science Evangelism, i.e. Kent Hovind’s ministry. It comes from Paul Abramson who is a longtime supporter and associate of Hovind. I will post it without further commentary, since it is pretty shocking by itself. We don’t know anything more about it than this. It could indicate anything from Hovind committing some sort of serious infraction of prison rules, all the way down to a Hovind fan’s histrionic misinterpretation of some routine event such as a prison transfer. It seems a little hard for me to believe that Hovind would do something worthy of solitary, so who knows.

Anyway, here it is… (from the comments section)

Continue reading  “The Hovind Saga Continues

Posted by Reed on April 26, 2007 | Comments (16) | TrackBack (0)

Yesterday, I wrote about Wiley Interscience and the Society of Chemical Industry making legal threats against fair use: Wiley Interscience: Where Science Meets Legal Threats.

Today, Shelley Batts received an apology from them:

We apologise for any misunderstanding. In this situation the publisher would typically grant permission on request in order to ensure that figures and extracts are properly credited. We do not think there is any need to pursue this matter further.

Congrats to everyone who helped get the word out about the threats. You helped Shelley and the rest of the science-bloggers out.

Posted by Reed on April 25, 2007 | Comments (12) | TrackBack (1)

Shelley Batts over at Retrospectacle was contacted yesterday by a representative of Wiley Interscience, who objected to her fair use of part of one figure from a paper. Shelley has posted the exchange on her blog.

Wiley’s legal threats are baseless because fair use allows people “to freely use portions of copyrighted materials for purposes of commentary and criticism.” In addition, this move by Wiley is very stupid given that Shelley was promoting a paper published in one of their journals. She was providing good press for them. But in one stupid move Wiley has turned that good press into bad press.

Because of this I will not be publishing in any Wiley journal for the foreseeable future, and I call on others to do the same.

If you want to email the journal about this, here is the contact information.

Update: Wiley has a record of acting dubiously. (via Afarensis.)

Update: An apology has been issued.

Posted by Timothy Sandefur on March 3, 2007 | Comments (24) | TrackBack (0)

Professor Jay Wexler’s article on the Kitzmiller case, Kitzmiller And The “Is It Science?” Question, 5 First Amend. L. Rev. 90 (2006), has been the source of some glee for Creationist Casey Luskin. In the article, Wexler contends that Judge Jones’s finding that Intelligent Design isn’t science was unnecessary and unwise. Luskin, never one for, you know, legal thinking, immediately pounced on the article to say that Wexler “agreed in print with my position on this question.” Now that I’ve seen the article, I can say that, as is typical for Luskin, this is at best a half truth.

Continue reading  “Wexler on Kitzmiller

Posted by Nick Matzke on February 22, 2007 | Comments (116) | TrackBack (0)

Tomorrow, Talk of the Nation/Science Friday is doing a show with Edward Humes, author of Monkey Girl (blog, website), Randy Olson, director of Flock of Dodos, and yours truly, author of this spiffy blogpost.

We are in the second hour, so it should be on from 12-1 Pacific time. Apart from the radio, NPR is streamed live from many websites, and the Talk of the Nation archived shows are put online a few hours later.

Posted by Nick Matzke on February 21, 2007 | Comments (2)

Well, I was having a hard time imagining this one anyway:

Anti-Darwin Suit Dismissed

The Oktyabrsky District Court in St. Petersburg on Wednesday threw out a lawsuit filed by Maria Shraiber, a 15-year-old who argued that being taught the theory of evolution in school violated her civil rights, Interfax reported.

The court also dismissed Shraiber’s request that the government provide her with a written apology for offending her religious beliefs. Shraiber’s representatives vowed to appeal the ruling to St. Petersburg’s City Court. (MT)

Next country to watch: the Dominican Republic.

Posted by Nick Matzke on January 19, 2007 | Comments (98)

Convicted felon Kent Hovind’s sentencing was today, and again the Pensacola News-Journal has the story:

Pensacola evangelist Kent Hovind was sentenced Friday afternoon to 10 years in prison on charges of tax fraud.

After a lengthy sentencing hearing that last 5 1/2 hours, U.S. District Judge Casey Rodgers ordered Hovind also:

– Pay $640,000 in restitution to the Internal Revenue Service.

– Pay the prosecution’s court costs of $7,078.

– Serve three years parole once he is released from prison.

Not knowing anything about sentencing, I had figured Hovind would get time already served plus probation or something. I guess not. Probably with good behavior this will become 5 years or less of actual prison time. The moral of the story: living in your own personal alternate reality works for only so long. That, and don’t tick off the IRS.

Posted by Nick Matzke on January 3, 2007 | Comments (24) | TrackBack (0)

Today, the Baltimore Sun has the first detailed news article on Russia’s 21st-century Scopes Monkey Trial. It comes complete with monkeys:

The Shraibers announced their plans for the lawsuit at a March news conference that featured free bananas. In July, when they mailed the paperwork to court, they were accompanied by an actor in a monkey suit - a stunt since dubbed “stupid” by Romanov, who asked that the monkey not come near him.

Continue reading  “Russian Scopes Trial

Posted by Nick Matzke on December 22, 2006 | Comments (11)

Many were taken by surprise by the Cobb County School Board’s decision to settle the Selman case, give up their practice of putting evolution “warning labels” in textbooks, and pay $167,000 in fees to the plaintiffs. They had fought this case for four years, and succeeded in getting the Court of Appeals to vacate the district court decision for a retrial. Perhaps the third time Cobb’s sticker got in front of a court would be the charm.

Well, the reality was that this was not likely at all.

Continue reading  “History and Cobb County

Posted by Nick Matzke on December 21, 2006 | Comments (13)

The University of Kansas Hall Center for the Humanities has put online the videos from this fall’s “Difficult Dialogs” series. Included are talks by Ken Miller, Judge Jones, Richard Dawkins, Eugenie Scott, and Michael Behe. We had some previous discussion of the Behe talk here. (Apparently Behe was the ID guy who “discovered” that lawyers file a lot of paper with the court before, during, and after a trial, including Proposed Findings of Fact, which of course would be obvious if one had looked at the Kitzmiller documents archive that NCSE has maintained since the trial began.)

Posted by Nick Matzke on December 20, 2006 | Comments (18)

The funny thing about the Discovery Institute’s Media/Judge Jones Complaint Division is how it deals with defeat. Oftentimes we will see weeks and weeks of vigorous posting about this or that political fight – but then, if they lose, they often just completely ignore it, like nothing happened.

Continue reading  “Merry Kitzmas to All! (and a tidbit on Judge Jones/Overton parallels)

Posted by Nick Matzke on December 7, 2006 | Comments (28)

Oliveiria_etal_2006_HIV_phylo_Tripoli6_Fig2.jpgBecause I’ve apparently been living in a cave, I only just heard the full story of the “Tripoli Six”: five foreign nurses and a doctor that the Libyan government has imprisoned for seven years, tortured, and sentenced to death by firing squad for allegedly causing an outbreak of 400 cases of AIDS in a Libyan children’s hospital in 1998. Apart from the problems with torture and firing squads, the major problem here is that these poor people didn’t do it. The infections were caused by poor hygiene practices, like reusing needles, that existed at the hospital long before these nurses arrived in 1998. But the Libyan government is scapegoating some foreigners to distract the populace from the fact that the government is the real criminal here.

What does this have to do with evolution, you ask? Well, out here in the real world (outside of Libya and creationist circles), the way you tell where an HIV strain actually came from, and when, is by doing a standard molecular phylogeny. If you are a creationist who doesn’t believe in this sort of thing then you should really just stuff it, because the criminal courts, relying on their “beyond reasonable doubt” standard, have been using phylogenetic methods as forensic evidence for years (so much so that an HIV phylogeny was used on the TV show CSI).

Continue reading  “Libya vs. Evolutionary Science: Will the Tripoli Six be sentenced to death by firing squad?

Posted by Nick Matzke on November 26, 2006 | Comments (601)

If you needed another proof that the Founding Fathers were pretty smart guys when they noted that fights over religion are intractable and produce strife because they involve ultimate questions decided according to dictates of conscience, we have yet another proof. In recent weeks there has been a resurgence of internicine fighting amongst the pro-science blogging community over the issue of religion. The Holy Wars threads involve the debate between two camps: I think the camps are neutrally described as follows (feel free to hurl invective my way if you disagree).

Continue reading  “The Holy Wars, part MMMCXXVII: a small correction on Scopes

Posted by Nick Matzke on November 4, 2006 | Comments (457)

The latest from the Pensacola News-Journal is that Kent Hovind is in jail until sentencing in January, and the jury ordered the Hovinds to forfeit over $400k to the government:

Continue reading  “IRS claims Kent Hovind's $250,000 challenge; all mysteries of life now solved

Posted by Nick Matzke on November 2, 2006 | Comments (57)

This just in from the Pensacola News-Journal:

‘Dr. Dino,’ wife guilty

Jury deliberations took about three hours.

A federal jury has convicted Kent Hovind and his wife, Jo, of tax fraud.

Hovind faces a maximum of 288 years in prison. His wife faces up to 225 years. Her charges include aiding and abetting her husband with 44 counts of evading bank-reporting requirements.

And at the end:

Defense lawyers for the Hovinds rested their case on Wednesday without presenting evidence or calling witnesses.

My question: if the Hovinds weren’t going to put on a defense, why didn’t they just make a plea bargain agreement, avoid the ordeal of a trial, and get reduced sentences?

Posted by Nick Matzke on October 30, 2006 | Comments (30)

According to the Pensacola News-Journal story, the Hovind tax evasion trial was delayed last week because his attorney, Jerry Barringer, was ill. See also this earlier story.

Hovind and his wife, Jo, are accused of tax evasion, including failure to pay $473,818 in employee-related taxes at his Creation Science Evangelism Ministry, which inlcudes Dinosaur Adventure Land on North Palafox Street.

Hovind, a tax protester, makes a substantial amount of money. But he believes he and his employees work for God, are paid by God and, therefore, aren’t subject to taxation.

Schneider testified this morning that Jo Hovind requested financial help for her bills from Baptist Health Care, claiming that she had no income.

Schneider also said the Hovinds wrote checks to their children from their Christian Science Evangelism account. They also withdrew money from that account for cashier’s checks.

On one day, a $9,000 check was withdrawn for their son, Eric. That same day, another $9,000 check was withdrawn for Eric’s wife, Tanya.

Schneider said Kent Hovind refused to give a tax identification number to the First Baptist Church of Satsuma in Alabama, where he spoke. The church paid him a $738 fee. The tax ID number would have been used on a tax-reporting form.

Posted by Nick Matzke on October 30, 2006 | Comments (77)

Well, if you needed any more evidence that creationists are doing their best to drag Europe down to America’s level, here you go:

St. Petersburg court starts investigation of a schoolgirl’s civil suit against teaching of Darwin’s theory

Continue reading  “Here it comes...EuroScopes!

Posted by Nick Matzke on October 19, 2006 | Comments (121)

The latest on the Hovind trial: Workers testify in ‘Dr. Dino’ trial. That should be “‘Dr.’ Dino”, of course.

Apparently he has sued the IRS at least 3 times. Not exactly the best way to get them on your good side…

Posted by Timothy Sandefur on September 6, 2006 | Comments (37)

Jonathan Wells (2006) The Politically Incorrect Guide to Darwinism and Intelligent Design. Regnery Publishing, Inc. Washington, DC.Amazon

Read the entire series.

If there’s something embarrassingly dumb to be done or said, it’s probably going to be done or said in the name of “political incorrectness”. That term was first used to bring attention to the political censoriousness at leftist epicenters in the 1990s, but it has mutated into an excuse for saying stupid, outlandish, misleading things. The Politically Incorrect Guide to American History was full of misrepresentations, politically-motivated elisions, and a neo-Confederate interpretation of the Constitution that embarrassed serious constitutional scholars. The Politically Incorrect Guide to Science was full of silly pro-“intelligent design” notions, and now The Politically Incorrect Guide to Darwinism and Intelligent Design by Jonathan Wells has come along to carry this tradition forward—if “forward” is the right term.

An indication of the astonishing degree of misrepresentation and outright lying that The Politically Incorrect Guide to Darwinism and Intelligent Design employs comes in Chapter 15 when discussing the controversy over an evolution website supported by a grant from the National Science Foundation. The Thumb covered this pseudo-controversy pretty thoroughly at the time. But here’s how Jonathan Wells describes it:

Continue reading  “The Politically Incorrect Guide to Darwinism and Intelligent Design Review: ID's Newspeak

Posted by Nick Matzke on July 19, 2006 | Comments (144)

Well, I’ll give Dr. Dino this: at least he is consistent in his wackiness. The latest from the Pensacola News-Journal:

Hovind’s attorney, Assistant Public Defender Kafahni Nkrumah, told U.S. Magistrate Judge Miles Davis at a hearing Monday that his client did not want to enter a plea because he does not believe the United States, the Internal Revenue Service and the U.S. Attorney’s Office “have jurisdiction in this matter.”

When pressed by Davis to enter a plea of either guilty or not guilty, Hovind said he wished to enter a plea of “subornation of false muster.”

“Subornation,” according to Webster’s Dictionary, means instigating another to do something illegal. “Muster” is an assembly, often for inspection or roll call.

When pressed by Davis, Hovind said he was entering a not guilty plea “under duress.”

First, I would just like to say that everyone here at PT would like to express their sympathies to the public defender assigned to Hovind. I suppose public defenders see all sorts of weird things, but Hovind will be a handful.

I attempted to gain a little more insight on what “subornation of false muster” is supposed to be – the poor reporter was obviously struggling. The Pensacola News-Journal‘s columnist, who was at the hearing, said it was “a defense I haven’t heard in 30 years of hanging around courtrooms.”

Continue reading  “Hovind's plea: "subornation of false muster"

Posted by Nick Matzke on July 14, 2006 | Comments (55)

The Pensacola News-Journal is doing fantastic work keeping us up to date on the Hovind story. A longer and more detailed story came out today. Some of the more interesting/scary bits:

Of the 58 charges, 44 were filed against Kent Hovind and his wife, Jo, for evading bank reporting requirements as they withdrew $430,500 from AmSouth Bank between July 20, 2001, and Aug. 9, 2002.

At the couple’s first court appearance Thursday before U.S. Magistrate Judge Miles Davis, Kent Hovind professed not to understand why he is being prosecuted. Some 20 supporters were in the courtroom.

“I still don’t understand what I’m being charged for and who is charging me,” he said.

Kent Hovind, who often calls himself “Dr. Dino,” has been sparring with the IRS for at least 17 years on his claims that he is employed by God, receives no income, has no expenses and owns no property.

Yet more:

Continue reading  “Dr. Dino in the dock

Posted by pz on May 17, 2006 | Comments (20)

It's true: the Minnesota Senate has passed a modification to an education bill that would prohibit the teaching of intelligent design.

16.12 Sec. 4. Minnesota Statutes 2004, section 120B.021, is amended by adding a
16.13 subdivision to read:
16.14 Subd. 2a. Curriculum. Notwithstanding any law to the contrary, the Department
16.15 of Education, a charter school, and a school district are prohibited from utilizing a
16.16 nonscientifically based curriculum, such as intelligent design, to meet the required science
16.17 academic standards under this section.

This is not a law yet, and I don't expect it will be. The senate version of the bill has to be reconciled with the house version, and the house version does not include this addendum. It will probably vanish without comment.

I have mixed feelings about it. It's reasonable to expect that science requirements cannot be met by non-science curricula, and on that principle, the limitation is reasonable. However, I don't like the idea of politicians with little training in the subject trying to dictate what is and isn't science. Just say that a course should address the content specified by the state science standards, which were written by a committee of citizen educators and scientists, rather than trying to specify details by way of legal statutes.

Besides, maybe the intelligent design crowd will get off their butts and do experiments and develop evidence that actually makes their wild-ass guess scientific, and then this law would look awfully silly.

(Yeah, I'm smirking cynically and laughing as I write that.)

Posted by Nick Matzke on April 22, 2006 | Comments (24)

The Game PlanHere in the pounding-nails-into-the-ID-coffin department of the Panda’s Thumb, we are still hard at work. Longtime PT posters Andrea Bottaro, Matt Inlay, and I have just published a “Commentary” essay in May 2006 issue of Nature Immunology. (Update: Subscription no longer required. Thanks to NI.) See the NCSE announcement and more background at the NCSE Evolution Education and the Law website.

The article is:

Bottaro, Andrea, Inlay, Matt A., and Matzke, Nicholas J. (2006). “Immunology in the spotlight at the Dover ‘Intelligent Design’ trial.” Nature Immunology. 7(5), 433-435. May 2005. (Subscription no longer required: DOI | Journal | Google Scholar | PubMed | Supplementary Material)

Therein, we review the now-notorious episode in the Kitzmiller case where, during Eric Rothschild’s dissection of Michael Behe, Rothschild challenged Behe’s claims about the scientific literature on the evolutionary origin of the immune system by piling up on Behe’s podium a stack of books and articles on the evolution of the immune system. Behe responded that he had not read most of it, but dismissed it out of hand, and this cavalier attitude seems to have been one (of many) factors that impressed Judge Jones and persuaded him to issue the thorough, detailed ruling that he did.

Continue reading  “PT posters in Nature Immunology

Posted by Pim van Meurs on April 21, 2006 | Comments (56)

Many people have played important roles in exposing the scientific vacuity of Intelligent Design and its religious foundations. On Red State Rabble, Pat Hayes describes the role played by Barbara Forrest in bringing down ID. Barbara Forrest and Paul Gross are the authors of the highly insightful book Creationism’s Trojan Horse: The Wedge of Intelligent Design published in 2004 by Oxford University Press

Pat Hayes wrote:

In the months since the Dover decision, leaders of the intelligent design movement have played and re-played the trial a thousand times. The Discovery Institute and the Thomas More Law Center have had a very public falling out. Intelligent design proponents have come to refer to Judge Jones, a lifelong Republican who was appointed by George W. Bush, as an activist judge.

What they have not done, as a movement whose leaders are nearly all men, is come to grips with the great role played in their embarrassing defeat by Barbara Forrest, a tiny but very determined woman from Louisiana, who simply took their own words and turned them against them.

Continue reading  “Barbara Forrest's role in Kitzmiller

Posted by Timothy Sandefur on April 12, 2006

Here is an excellent, short, readable article for teachers and school administrators on what they can teach about Intelligent Design. See also this article briefly explaining the Kitzmiller case.

Posted by Ed on April 7, 2006

Jon Buell, the head of the Foundation for Thought and Ethics and publisher of the book Of Pandas and People (Pandas), has written a long essay criticizing Judge Jones’ ruling in the Dover case. That’s hardly a surprise, of course. The judge ruled against his position, how could he do anything but criticize it? Unfortunately for him, his criticisms don’t hold up under scrutiny because they are based on false claims, legal ignorance and, in at least one case, an outright lie. This may be a long one, so let’s get started.

Continue Reading at Dispatches from the Culture Wars. Comments may be left there.

Posted by Reed on April 4, 2006 | Comments (51)

The “intelligent design” activists are promoting some new spin about the Dover case. (See previous posts: here, here, and here.) Basically the creationists have decided to blame the current Dover Area School Board for the million dollar legal fees that the district has to pay. The basis for the claim is that the current board rejected a proposal to recend the “intelligent design” creationism policy after the trial was over and before Judge Jones issued his ruling. As law student Michael Francisco of the Discovery Institute says:

In essence, the new Dover school board was fully aware that keeping the policy in place increased the risk of expensive attorneys fees. Manzari & Cooper explain why it now appears that there was collusion between the ACLU, AUSCS, and Dover school board members. If what Manzari and Cooper say is true, this alleged collusion allowed the school board to effectively guarantee the Kitzmiller decision at a purchase price of $1 million dollars. This appropriation of public funds should be cause for outrage. Check out the Manzari & Cooper article for more shocking details.

Continue reading  “Whatever happened to personal responsibility?

Posted by Nick Matzke on March 23, 2006 | Comments (164)

I don’t know about you, but I can’t wait to read this. It will be fun to see how many times the previous law review articles by DeWolf et al. (summary: “Intelligent design is constitutional because it is revolutionary new science, not creationism!”) are contradicted by the new DI book by DeWolf et al. (which, if it follows the website, will say, “Judge Jones was irresponsible and activist for ruling on the science question!”).

Posted by Nick Matzke on March 15, 2006 | Comments (101)

…because paramount has apparently got a serious scriptwriter signed up to do Kitzmiller v. Dover: the movie.

It will be interesting to see how this turns out. I tend to think the only way to make Dover into a watchable movie would be to basically do an Inherit the Wind remake, which would require some substantial rewriting because the plaintiffs were parents, rather than the defendant being a teacher. But on the other hand, the poor teachers in Dover were pretty seriously oppressed by William Buckingham et al., so it might work.

In other news, Nova is doing a documentary on Kitzmiller v. Dover, which will apparently include some remakes of courtroom scenes.

Everyone has already decided that Tom Hanks should play Judge Jones…

Posted by Timothy Sandefur on March 10, 2006

Pandas Thumb's first law review article has been published in the newest issue of the Kansas Journal of Law And Public Policy. The article, "Piercing The Veil of Intelligent Design: Why Courts Should Beware Creationism's Secular Disguise," was coauthored by me and Thumb reader Colin McRoberts; several other PT contributors (particularly Glenn Branch) provided helpful comments. Unfortunately it's not on-line, but folks with Westlaw can read it at 15 Kan. J.L. & Pub. Pol'y 15 (2005).

Much of the article has already been pre-empted by the decision in the Kitzmiller case. But section IV of the article directly challenges Francis Beckwith's theory that the government may not choose to favor nature-based theories over supernatural theories. McRoberts and I contend that the First Amendment does not require this kind of neutrality, and moreover that "[s]upernatural explanations...are like ipse dixit arguments, which are not useful and cannot provide a basis for predictions. By contrast, a science that avoids such thinking and seeks to explain natural phenomena in natural terms is the only science capable of giving us the tools to predict future phenomena, or to understand that phenomena in anything other than self-referential terms. Science's commitment to methodological naturalism is not a priori, but is a chosen path, based on the observed differences between the two epistemological approaches." Id. at 41. I think this issue (also the subject of Jay Wexler's recent article) will be of increasing importance in coming years.

Thanks so much to Colin McRoberts for pushing me to write on the subject.

Posted by Ed on March 9, 2006

Or bills, in this case. It turns out that there are now two bills in the state legislature - HB 5606, sponsored by Rep. Palmer, which contains the “arguments for and against” language that will inevitably open the door to ID; and a Senate bill, sponsored by Sen. Kuipers, that doesn’t yet have a bill designation and which doesn’t contain such language. 5606 has passed the House and has been referred to the Senate Education Committee, which is chaired by Sen. Kuipers. Kuipers doesn’t have to bring that bill up for a vote if he doesn’t want to, and at the moment it appears that he is going to focus on passing his own version of the bill.

All of this leaves things quite unsettled for the moment. The ID language could be added to the Kuipers bill by amendment, or in a post-approval joint conference to reconcile the two bills should it go that far. Kuipers is very conservative himself and is pro-ID, but he appears to want to keep this bill clear of such language so that it has the broadest appeal possible. Whether he can do that remains to be seen.

Continue Reading at Dispatches from the Culture Wars. Comments may be left there.

Posted by Nick Matzke on March 6, 2006 | Comments (98)

A nice long writeup on Eric Rothschild, one of the lead attorneys for the Plaintiffs in the Kitzmiller case, has just come out in the Pennsylvania Gazette, the UPenn alumni magazine. The cover article is entitled “Intelligent Demise” and focuses on Rothschild’s dissection of ID arguments during the trial. Rothschild seems to come off slightly better than fellow UPenn alum Michael Behe…

A second article examines the role a UPenn commission played in debunking spiritualism in the 19th century.

Posted by Nick Matzke on March 1, 2006 | Comments (57)

There is a short list of people whose written opinions on Kitzmiller v. Dover I am particularly interested in seeing. One of them was Michael Ruse, whose review of the decision was just published in this month’s issue of Science & Spirit magazine.

Michael Ruse (2005). “Two Cheers for Darwin.” Science & Spirit, March/April 2006.

Ruse was the philosopher of science in the famous 1981 McLean v. Arkansas case where “creation science” was declared unconstitutional. As we went through the trial in Kitzmiller, the historical resonances between the two cases became more and more pronounced – and that was before Robert Gentry pitched up in Harrisburg in the last week of the trial.

Ruse approves in particular of the philosophy of science in Judge Jones’s opinion. Reading between the lines I think he is giving Rob Pennock a big compliment for threading the needle between being too “demarcationist” (which is what Ruse was accused of, unfairly in my view, by another philosopher, Larry Laudan, in an article which ID/creationists have quoted hundreds of times since – see also Ruse’s reply), while also not falling into the “anything goes” trap that many vehement anti-demarcationists end up with.

Posted by John Wilkins on February 20, 2006 | Comments (34)

A law student, Colin, advises the following event at the University of Kentucky:

On Wed, Feb. 22, the UK School of Law is hosting a seminar on “Religion, the First Amendment, and the New Supreme Court” at 12:00 noon. The speaker at the event is Thomas Berg, a professor of law at the University of St. Thomas, and Co-Director of the Terrance J. Murphy Institute for Catholic Thought, Law, and Public Policy. As the notice says, “Everyone is invited.” I assume that refers to the public as well. It’s in the College of Law Courtroom, and being presented by the Federalist Society.

Normally this would be a ho-hum affair, with a speaker and perhaps a few questions. The event the next week, however, is what would be of penultimate interest to readers of both the aforementioned blogs. It is entitled, “Intelligent Design: Question and Controversy in Law and Philosophy.” The speakers are Prof. Brandon Look (Philosophy, UK), and Prof. Paul Salamaca (Law - Constitutional and Federal, UK). They’ll be talking about the restrictions the First Amendment places on public schools, where Science and Religion end, and whether Intelligent Design is really Creationism re-labeled. It’s called a “discussion” where they’ll both talk about the facts, arguments, and theories of Intelligent Design. The flyer notes that “Everyone’s Welcome” and will also be in the College of Law Courtroom on Monday, Feb. 27 at 4:00 p.m. It is presented by both the Federalist Society and the American Constitution Society.

I would expect only the best of discussions from either of these professors. In fact, to take one side, and not objectively study the issue, would seem to contradict the entire method that we’ve built here in Law (Socratic) and also in Science (the basic nature of science is to question everything, even those things previously thought established). As a citizen in the camps of both I have a great desire to see there be some great discussion.

In full context, Ky. has a law on the books that allows the teaching of Creationism in Public Schools, but does not mandate it. In other words, it is not “against” the law to teach Creationism. It is KRS 158.177, and an interesting read. The notation is that it has been “repealed and superseded by the 1990 Ky. Acts” but to my knowledge it’s still published and law in Ky. Recently, Ky. Gov. Ernie Fletcher (who’s in the hospital with an infection right now, so let’s hope he’s going to be okay) also advocated the teaching of it recently in his “State of the Commonwealth” speech. The seminary where William Dembski teaches (Southern Baptist Theological Seminary) is in Louisville, and only an hour away so an appearance, I think, would not be out of the realm of possibility though not in a speaking role. Finally, the Ky. Law Journal has previously published a note, “NOTE: When May a State Require Teaching Alternatives to the Theory of Evolution? Intelligent Design as a Test Case.” It’s at 90 Ky. L.J. 743. It was published in 2003, and to my knowledge has never been cited.

Posted by Pim van Meurs on February 9, 2006 | Comments (76)

Francis Beckwith, author of various papers on the constitutionality of Intelligent Design recently visited the comments section of PT. Since Beckwith’s legal arguments are based on the premise that intelligent design is science, I will comment.

Francis Beckwith wrote:

Dear Lenny:

First off, how’s Squiggy? Second, and more seriously, I’ve addressed your question in several of my works, including my book Law, Darwinism, and Public Education. The short answer is that there are no necessary and sufficient conditions to distinguish science from non-science on which philosophers of science agree. So, for me, the issue of what counts as “science” is not relevant. What is relevant is whether the argument offered for the point of view, ID or something like it, is reasonable or not obviously irrational and it does not rely on sacred scripture or religious authority.

Let’s for the sake of furthering the discussion point out that ID is scientifically vacuous. In other words, skip the issue of whether or not it is science, since this presents ID actvists with an opportunity to argue philosophy rather than addressing the issue at hand. That ID is religiously motivated and that ID’s designer is supernatural is self evident. So the question becomes: Can ID be reformulated in a manner which would make it non-religious and still scientifically relevant?
The simple answer is no.

Continue reading  “Beckwith, ID and science

Posted by Ed on January 10, 2006

Americans United has filed suit against the El Tajon Unified School District in California over a course there that includes creationism. The twist here is that the school has placed the class in philosophy rather than science and claims to be teaching about both evolution and creationism without advocating either as true. The evidence at this point suggests that is a merely a ruse to get creationism into the school’s curriculum.

Continue Reading at Dispatches from the Culture Wars. Comments may be left there.

Posted by Nick Matzke on January 5, 2006 | Comments (59)

I just got a shiny, new, titanium-alloy, extra-heavy-duty new irony meter for Christmas. I hook it up to my computer, and wouldn’t you know it, the very first blogpost that comes across my screen happens to be the Discovery Institute Media Judge Complaints Division blog, where Rob Crowther endorses this quote from an op-ed:

“Moreover, based upon the extensive expertise he [Judge Jones of the Kitzmiller case] professes to have acquired in the course of a six-week trial, he defined science and determined that the scientific claims of intelligent design were invalid, neither of which are exactly legal questions best decided by a single lawyer.”

BLAM! Oh, my, that was close, that shrapnel almost took my head off–hey, that’s odd. What are the odds that a titanium irony meter would explode into red-hot fragments spelling Darwin on Trial, pp. 12-13”?

Continue reading  “And I just got a new irony-meter for Christmas...

Posted by Reed on January 5, 2006 | Comments (69)

The AJC has some more information about the latest happenings in the Selman case: Evolution case turns to petitions.

When asked in a telephone interview Wednesday if he thought the March 2002 petitions ever existed, [Cobb County School District’s lawyer] Gunn said, “I have my doubts.”

But on March 28, 2002, the day the school board adopted the stickers, Rogers told the board she had collected signatures from 2,300 people who were dissatisfied with science texts that espoused “Darwinism unchallenged,” The Atlanta Journal-Constitution reported the following day.

A few days later, a Journal-Constitution reporter examined the petitions at the Cobb school system offices and took notes on names and phone numbers of some of the people who had signed.

On Wednesday, Gunn said Cobb school board spokesman Jay Dillon does not believe that ever happened.

In an article published April 14, 2002, the Journal-Constitution again reported that the school board had agreed to insert the stickers inside science texts in response to pressure from several dozen parents who criticized the teaching of evolution. The article said the parents had presented petitions with 2,000 names of county residents who demanded accuracy in textbooks. The Cobb school board did not challenge the existence of the petitions at that time.

Bramlett said Wednesday he believes the petitions were given to the board in March 2002 and thinks the record supports Cooper’s finding that it occurred.

“The trial court heard the testimony,” Bramlett said of Cooper. “The trial court was there. That’s the reason in our legal system that the trial judge’s fact finding is entitled to deference by the appellate courts.”

Posted by Timothy Sandefur on January 4, 2006 | Comments (73)

Non-lawyer Joseph M. Knippenberg of the Ashbrook Center has posted this article attacking the Kitzmiller decision on the grounds that it represents "hostility" to religion. I've pointed out many times that this accusation of "hostility" is generally just a complaint by people who believe that their religious freedom entitles them to use the government for their religious purposes, which is not correct. Freedom only means that we have the right to do what we want on our own time and with our own money; it does not include the right to use other people's money or infringe on other people's rights. Religious freedom does not include your right to use the government's school system to teach religion to people. When the court stops you from doing so, that is not "hostility," despite Dr. Knippenberg's claims to the contrary.

Continue reading  “Pay No Attention to The Establishment Behind The Curtain!

Posted by Reed on January 4, 2006 | Comments (66)

Last month the appeals hearing in the Cobb Country disclaimer sticker case made headlines when Judge Carnes accused the ACLU of misleading the court regarding the timing of the creationist petition submitted to the school board. The Discovery Institute’s Media Complaints Division, which is “committed” to correcting errors made by the media, jumped on the story with their article, “Did the ACLU Lie to the Federal Courts in the Cobb County Evolution Sticker Case?

Now it was immediately apparent to us and the media that Judge Carnes was confused about the facts of the case and recklessly accused the ACLU of misleading the court. I pointed this out in a series of posts:

  1. Cobb County Disclaimer Appeal
  2. More on Cobb
  3. GCISE Press Release
  4. Cobb: Miller’s own Testimony

However, Disco has yet to provide such information to their readers.

Today the Appeals court issued a clear statement on the issue:

The Court is not ruling at this time on whether any findings by the district court about the timing of the petition were clearly erroneous, which is the governing standard of review; the time and place for announcing any decisions about that will be in the opinion this Court issues. However, the Court does want to resolve at this time the question of whether Mr. Bramlett misled the Court in the brief he filed on behalf of the appellees.

Parts of the trial record concerning the petition are puzzling. The attorneys on both sides might have been more careful in their advocacy relating to this issue, which would have assisted the Court. The Court, however, does not find that counsel misled it or attempted to do so. We issue this order to remove any implication that either counsel did.

Because the oral argument remarks about this matter occurred in open court and have been discussed in the news media, the Clerks’s Office is directed to disseminate a copy of this order to the media.

I am not holding my breath waiting for the creationists to disseminate this court order.

Posted by Mike Dunford on December 30, 2005 | Comments (396)

John West of the Discovery Institute has been critiquing Judge Jones’ decision in the Dover ID lawsuit over at the DI Media Complaints Division blog. I haven’t, for the most part, addressed these posts, since other Pandas’ Thumb regulars have more relevant expertise and have been doing a better job at it than I could. His latest post, however, is so far from the bounds of decency and civility that I can’t leave it be. One part in particular, mentioned in passing by PvM in another PT post, hits a new low. In a relatively short passage, West manages to combine a gratuitous personal attack with a view of both what it should mean to be a conservative and on what a lawyer should be proud of that is twisted beyond all recognition.

Read More (at The Questionable Authority):

Posted by Nick Matzke on December 26, 2005 | Comments (57)

You know the Intelligent Design Movement is in a bad way when Senator Rick Santorum is running away from it like Brave Sir Robin in Monty Python and the Holy Grail, and when – put down your drinks – Rush Limbaugh says that ID proponents are being disingenuous.

Continue reading  “Reactions to Kitzmiller decision continue

Posted by Nick Matzke on December 23, 2005 | Comments (27)

2005-12-23_ID_Kong.jpg

Someone sent me this in email.
Says it all, doesn’t it? If anyone has seen the original posted on a newspaper website or something, please post the link.

Posted by Nick Matzke on December 22, 2005 | Comments (38)

Back in January I seem to remember the Thomas More Law Center declaring “A Revolution in Evolution Is Underway.” But today, according to the Associated Press, “Santorum says will break ties to law firm that represented school district on intelligent design.” Now, Santorum was on the TMLC board, and encouraged the Dover Area School Board early on – see for example his January 23, 2005, op-ed in the Allentown [PA] Morning Call, entitled “A Balanced Approach to Teaching Evolution,” (helpfully now hosted on the Discovery Institute website) wherein Santorum wrote, “The Dover Area School District has taken a step in the right direction by attempting to teach the controversy of evolution.”

But, I guess that’s what poor Thomas More gets for repeatedly citing Santorum and his attempted amendment to the No Child Left Behind Act – Santorum’s name came up 36 times in the trial transcripts, in fact.

Continue reading  “Santorum drops Thomas More Law Center

Posted by Nick Matzke on December 22, 2005 | Comments (13)

Cover of Science magazine, Dec. 23, 2005Science has just named its top breakthrough for 2005. You get one guess after this hint: it starts with “E.” That’s right, it’s evolution, and it is based on all of the remarkable advances in evolution in 2005, such as the comparison of the human and chimpanzee genomes, which just happens to have been featured in the Kitzmiller trial. I’m still hoping Science reprints a chunk of Jones’s opinion, like they printed the McLean opinion in 1982.

Update: The full issue is now online. Holy moly, Jawless Fish Have Form of Adaptive Immunity. That’s big news if you’re into that kind of thing.

Posted by Nick Matzke on December 22, 2005 | Comments (46)

I’ve got about 30 minutes to kill, so I might as well give some general thoughts on the IDists’ reactions to the cataclysmic Dover decision.

Continue reading  “Boy, they *really* don't get it

Posted by Nick Matzke on December 22, 2005 | Comments (12)

Well, this is an interesting feeling. I am sitting in Starbucks, in downtown San Francisco, slurping a Frappucino, blogging on my laptop, across the street from the KQED studio (KQED is the San Francisco public radio station that I listen to every day), waiting to go on KQED’s Forum with Michael Krasny. Could you get any more stereotypically-NPR-junkie-ish than this? I mean, apart from being in Minnesota at a Garrison Keillor event?

The show is obviously on Judge Jones’s Intelligent Decision on Intelligent Design. KQED’s audio is streamed on the web, so catch the show if you can. Apparently Casey Luskin will also be on. I imagine he has a few issues with the decision…

Posted by Nick Matzke on December 21, 2005 | Comments (45)

The purpose of this thread is collecting the many remarkable/amazing/unbelievable quotes and reactions to Judge Jones’s decision yesterday in Kitzmiller v. Dover.

I’ll start with a tidbit indicating that there might even be some trouble brewing at the Discovery Institute, from nothing less than a Discovery Institute board member, Mike Vaska:

Continue reading  “Remarkable Kitzmiller reactions

Posted by Mike Dunford on December 21, 2005 | Comments (9)

A one-shot blog carnival of material related to Judge Jones’ decision in the Kitzmiller v. Dover lawsuit is now available at The Questionable Authority. If there are links that aren’t there that you think should be, feel free to leave them in the comments over there.

Posted by Nick Matzke on December 20, 2005 | Comments (42)

Heck, we have like 10 posts on the Kitzmiller decision up today, so why not one more?

Now that Ed Brayton and Burt Humburg have told the story (direct link to Skeptic article) of how the Pandas drafts were discovered -- trust me, it was obvious if you really paid attention to the available historical sources -- I will share one other event that is leading me to suspect that I may have psychic abilities.

Continue reading  “Am I psychic or what?

Posted by Mike Dunford on December 20, 2005 | Comments (3)

A couple of times during the trial (see here and here) I posted roundups of news articles about what had been going on with the case. I will be doing the same thing tonight, and will be including blog articles. Basically, this will be a one shot blog carnival.

I’ve only begun to skim around for material, but we’ve already got something like 10 posts on the topic here, so I’m anticipating that there will be plenty of stuff out there by this evening. I’m hoping to be able to make at least a representative sample available in a one-stop post.

Anyone wishing to submit links is more than welcome to. Please send them to [Enable javascript to see this email address.] no later than 2200H, HST (GMT -10:00) tonight. The one-shot carnival will be hosted on my personal blog and linked to from here.

I will be accepting and linking to pro-ID articles, but if you choose to submit a pro-ID link be warned that I will be commenting on the links I include, and I do not promise neutrality.

Posted by Mike Dunford on December 20, 2005 | Comments (1)

I’ve just put my own first impressions of Judge Jones’ decision up over on my personal blog. Most of it’s redundant with other things that have been posted, so I won’t repeat it all here. I’m just going to copy over the bit that I don’t think has been said enough yet.

It is unclear what is going to happen next, given the outcome of the school board elections in Dover, and no matter what happens this decision is unlikely to mark the end of efforts to dilute the teaching of science in this country. But it sure is good to see that the federal courts are still willing to step in and protect our rights. Regardless of what happens next, thanks are due to a whole lot of people who put in a whole lot of time and effort on this case.

The expert witnesses for the plaintiffs, Barbara Forrest, Kenneth Miller, Kevin Padian, Robert Pennock, John Haught, Brian Alters, and Kevin Padian, worked as volunteers on this case. The lawyers from the ACLU of Pennsylvania, Americans United for the Separation of Church and State, and the law firm of Pepper Hamilton put in an enormous amount of time, effort, and energy. Genie Scott, Wesley Elsberry, Nick Matzke, Susan Spath, and the rest of the staff at the National Center for Science Education worked tirelessly behind the scenes.

Thanks are particularly due to Tammy Kitzmiller, Bryan Rehm, Christie Rehm, Deborah Feinmore, Joel Lieb, Steven Stough, Beth Eveland, Cynthia Sneath, Julie Smith, Barrie Callahan, and Frederick Callahan - the plaintiffs in the case. They, and the partially overlapping group of parents who took back the school board, have demonstrated once again that a small group of committed people really can change things for the better.

Posted by Nick Matzke on December 19, 2005 | Comments (28)

I have posted the email update from the U.S. Federal Court, Middle District of Pennsylvania over on the NCSE Kitzmiller blog. There will be one of those "hastily organized press conferences" with plaintiffs and the legal team in Harrisburg sometime tomorrow, assuming the decision comes down sometime during the day.

If anyone is feeling anxiety, don't. The fact that the judge is clearly aware of the importance of the issue, allowed us to build an extensive trial record in a long trial, let in all of the relevant evidence on the history and origins of ID, and is reportedly writing a very long opinion (which means he is addressing the evidence and not ignoring it) are all good signs.

Posted by Ed on December 16, 2005

The Chicago Tribune had an interesting article last week about the three most likely outcomes of the Dover trial (which, as Nick noted yesterday, is expected to happen next week). It also contained a little nugget about the Gull Lake situation here in Michigan, where apparently the Thomas More Law Center is still planning to sue on behalf of two teachers who were told by the school board they can no longer teach ID in their 7th grade science classrooms.

Continue Reading at Dispatches from the Culture Wars. Comments may be left there.

Posted by Reed on December 16, 2005 | Comments (18)

I haven’t yet addressed one error that Judge Carnes made yesterday. Carnes claimed that the disclaimer sticker accurately reflected the opinion of the textbook author, Ken Miller, that evolution is a theory and not a fact. (I believe that this was part of the defense’s argument.)

“I don’t think you all can contest any of the sentences” on the disclaimer sticker, Judge Ed Carnes of the 11th U.S. Circuit Court of Appeals told an attorney arguing for parents who sued.

“It is a theory, not a fact; the book supports that,” Carnes said.

(AP)

Judge Ed Carnes of the U.S. 11th Circuit Court of Appeals said that the lower court judge had misstated facts in his ruling, overstating the influence religious protests had on the school board’s actions. He also said the words on the sticker are “technically accurate,” and that the Cobb County school board was justified in singling out the theory of evolution for comment.

“From nonlife to life is the greatest gap in scientific theory,” Carnes said. “There is less evidence supporting it than there is for other theories. It sounds to me like evolution is more vulnerable and deserves more critical thinking” than other subjects.

(LA Times)

Here is part of Ken Miller’s testimony during the trial phase:

Continue reading  “Cobb: Miller's own Testimony

Posted by Reed on December 16, 2005 | Comments (14)

You may remember that yesterday a conservative judge in the Cobb County Disclaimer appeal accused the ACLU of lying. Specifically, Judge Carnes claimed that the ACLU had its timeline wrong about the case. The Judge was wrong as the AJC says this morning, “Appeals judges skeptical about Cobb ruling“.

In an interview after Thursday’s court hearing, Rogers, a self-avowed six-day biblical creationist, said she gave the petitions to the board before it decided to buy new science books with chapters on evolution.

“There wouldn’t have been any reason to give it to them in the fall,” she said. “They were done to try and persuade them not to buy the books.” One of the petition’s three options, she said, was for the board to put disclaimers in the new books.

Posted by Reed on December 15, 2005 | Comments (42)

An Atlanta Blogger, The Sanity Inspector, attended the appeal of the Cobb County Case today and has posted his notes of the hearing: “ Cobb County Evolution Stickers Have Their Day In Court.”

During the hearing the judges criticized the plaintiffs for errors in their brief. Judge Carnes claimed that Marjorie Rodger’s petition didn’t occur until after the stickers were enacted, and the ACLU’s attorney was not prepared for this spin.

Looking at the archives of the AJC, we have confirmed that Judge Carnes is wrong, the Cobb County School Board was clearly aware of the petition before they enacted the disclaimer:

Continue reading  “Cobb County Disclaimer Appeal

Posted by Nick Matzke on December 14, 2005 | Comments (45)

The ACLU-PA blogSpeaking Freely” is reporting that Judge Jones is probably going to hand down his decision next week. Trust me, those ACLU guys are close to the source.

Over on the NCSE Kitzmiller website, I have finally gotten a chance to OCR and upload Barbara Forrest’s supplementary expert report in the Kitzmiller case. This document was originally filed under seal, but became public when introduced into evidence in open court. See the experts folder for all expert reports.

Continue reading  “Barbara Forrest supplemental expert report

Posted by Reed on December 13, 2005 | Comments (69)

With the appeal of the Cobb County disclaimer sticker being heard on Thursday, the Discovery Institute is trying to spin the case. Their spin contains obvious lies.

“Contrary to claims from the ACLU, the district court judge actually ruled that the sticker fulfilled a legitimate secular purpose,” said Dr. John West, Associate Director of the Center for Science and Culture at Discovery Institute.

I’m not going to beat around the bush. West is lying. As I documented earlier in the year, Judge Cooper in no way found that the sticker fulfilled a secular purpose. Judge Cooper ruled that the board had legitimate secular purposes, but he also ruled that the sticker did not fulfill those purposes, e.g.

the Sticker appears to have the purpose of furthering critical thinking because it tells students to approach the material on evolution with an open mind, to study it carefully, and to give it critical consideration. The other language on the Sticker, which states that evolution is a theory and not a fact, somewhat undermines the goal of critical thinking by predetermining that students should think of evolution as a theory when many in the scientific community would argue that evolution is factual in some respects.

(Selman v Cobb p24)

the Sticker 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.

(Selman v Cobb p38)

See “For every setback, spin spin spin.” for more information.

Of course Casey Luskin can’t help but raise the polemics:

The decision is dangerous to democracy and has chilling implications for the free speech rights of scientists, educators, and citizens who are skeptical of Darwin’s theory. It needs to be overturned.

No one’s free speech is at stake here. The Cobb County School District and the Cobb County School Board are being sued in the case. Since both are entities of the government, neither have free speech rights. Private citizens do have free speech rights, and the only private citizens in this case are Jeff Selman and the other plaintiffs. Only in tin-foil-hat-land would the question of Selman v. CCSD affect the free speech of anti-evolutionists.

Posted by Nick Matzke on December 13, 2005 | Comments (5)

The blog of CourtArtist: going where cameras cannot has just put up a sketch of Day 2 of the Kitzmiller case. In the scene, the lead plaintiffs’ witness, Kenneth Miller, is being cross-examined by Robert Muise of the Thomas More Law Center. The CourtArtist blog is the blog of Art Lien, who says he is the NBC courtroom artist who usually covers the U.S. Supreme Court.

I just have to add that I think that is probably me in the background in the upper right-hand corner, with the glasses and red tie…

Posted by Nick Matzke on December 12, 2005 | Comments (56)

I have posted a bunch of new material on the NCSE Kitzmiller v. Dover website. Almost all of the post-trial filings, responses, etc., are now online in the post-trial directory or the amicus directory. The shortest and sweetest filing is probably the Plaintiffs’ Response to the amicus briefs (PDF) of the Discovery Institute and the Foundation for Thought and Ethics. I quote the good bits here.

Also, on the NCSE front page there is a summary of Margaret Talbot’s excellent long review of the trial published in last week’s New Yorker. The drawing at left is the preview graphic for the full-page drawing that accompanies the print article; it depicts plaintiffs attorney Eric Rothschild cross-examining the star ID witness, Michael Behe. As the caption put it, Behe was cross-examined “with cheerful mercilessness.” I imagine that one will be going on Eric’s door.

Posted by Nick Matzke on November 28, 2005 | Comments (3)

Since I don’t think I posted this before, all of the PDFs of the Kitzmiller v. Dover trial are now available on NCSE’s website – in searchable, error-free form, which was not previously the case. See also the TalkOrigins HTML version of the transcripts, complete with graphics, links, and HTML anchors for each question (just click on the “Q”).

In case you were wondering, variations on the word “flagellum” appeared 385 times during the trial. I was about to suggest that this count beats the total of all previous usages of the word “flagellum” in all trials, anywhere in history, but then I remembered the original meaning of “flagellum”, which is the latin term for “whip.”

(Rumor has it that immune system fans were disappointed that their favorite “irreducible complex” system only got 145 mentions. Then again, only the plaintiffs seemed to enjoy talking about the immune system…)

Also, the United States District Court, Middle District of Pennsylvania has just posted all of the Proposed Findings of Fact from the Defense and Plaintiffs on their website.

Posted by Pim van Meurs on November 15, 2005 | Comments (56)

Remember Steve Fuller who was a defense expert witness in the Kitzmiller trial? Steve Miller is also on the editorial board of the SciPolicy Journal.

His colleagues have filed an Amicus Curiae or Friends of the Courts, brief:

There is a logical fallacy in mandating the inclusion of intelligent design since it provides neither scientific explanation nor empirical evidence of the actual existence of a designer, but through fiat simply asserts that a designer must exist to explain the gap in knowledge. Stripped of its intellectual facade the announcement is nothing but a transparent effort to engraft religious dogma onto the classroom examination of scientific theory.

Continue reading  “SciPolicy Journal submits Amicus Curiae in Kitzmiller

Posted by Nick Matzke on November 7, 2005 | Comments (29)

Well, I have finally returned from six weeks in Harrisburg at the Kitzmiller v. Dover trial. I spent Saturday traveling and sleeping, and I spent Sunday cleaning my apartment out from under piles of articles, creationist journals, and other assorted Kitzmiller-related flotsam.

I think it’s clear that the case has gone extremely well thus far, and that the plaintiffs achieved everything they wanted to achieve while putting on their case. But it was an awful lot of work. In a wrapup story, “What’s made Dover unique?“, Lauri Lebo reports,

On a warm Indian summer day, Matzke stopped along a central Pennsylvania hiking trail and examined the leaves of an American chestnut tree for signs of blight. […] Today, botanists say they are close to bringing back the American chestnut, by crossing it with the Chinese chestnut, which carries the blight-resistant gene.

Matzke lives in California, but he has spent the past six weeks in Harrisburg, working on the case for the plaintiffs. This was the first time he had been able to spend time outside.

Sad but true…

Continue reading  “Sad but true

Posted by Pim van Meurs on November 1, 2005 | Comments (79)

Just when you think you have seen and heard it all, yet another witness is called to testify and proves you wrong.

Point in case, Alan Bonsell’s testimony evoked a strong response from the judge (page 126-)

Continue reading  “Judge grills Dover official

Posted by Pim van Meurs on October 30, 2005 | Comments (3)

Matthew J. Brauer, Barbara Forrest, and Steven G. Gey offer a timely, 149 page, review of intelligent design creationism and the constitution in Is It Science Yet? Intelligent Design, Creationism and the Constitution published in the Washington University Law Quarterly.

Matthew J. Brauer is Research Staff, Lewis-Sigler Institute for Integrative Genomics, Princeton University; B.A. (1988), University of California, Berkeley; M.S. (1988), University of Texas; Ph.D. (2000), University of Texas.

Barbara Forrest is Professor of Philosophy, Department of History and Political Science, Southeastern Louisiana University; B.A. (1974), Southeastern Louisiana University; M.A. (1978), Louisiana State University; Ph.D. (1988), Tulane University.

Steven G. Gey is David and Deborah Fonvielle and Donald and Janet Hinkle Professor of Law, Florida State University; B.A. (1978), Eckerd College; J.D. (1982), Columbia University.

Continue reading  “Is It Science Yet? Intelligent Design, Creationism and the Constitution

Posted by Nick Matzke on October 29, 2005 | Comments (67)

William Dembski has a peculiar post up in which he says,

Ask yourself why, after submitting almost 200 pages of materials against me in his expert witness report and after submitting to a deposition with the Thomas More Law Center in July, Jeffrey Shallit did not take the witness stand in Dover for the plaintiffs. Answer: his obsessiveness against me and ID made him a liability to the ACLU. If you don’t believe me, go here and here.

Um, Shallit was called as a “rebuttal expert”. The plaintiffs and defense each announced six expert witnesses on April 1, 2005. One month later, rebuttal experts were announced. The defense announced Steve Fuller and Stephen Meyer (director of the Discovery Institute ID program). Plaintiffs announced Jeff Shallit. However, Dembski dropped out of the case (or was withdrawn, or something – see the October 29 squabble at the American Enterprise Institute between the Discovery Institute and Thomas More Law Center about the withdrawal of Dembski, Meyer, and Campbell, online at NCSE). Without Dembski testifying, Shallit had no one to rebut, since his expert report specifically addresses Dembski’s arguments.

Speaking of withdrawing experts…

Continue reading  “Experts in creationism trials -- Shallit be?

Posted by Ed on October 20, 2005 | Comments (160)

During the cross examination of Michael Behe in the Dover trial, he was questioned about whether the peer review process for his book, Darwin’s Black Box, was as rigorous as for a scholarly article in a refereed journal. He replied that it was even more rigorous. That led to an exchange that seriously impeached the credibility of Behe’s testimony. I have one report on it here and John Lynch has another report on it here.

Posted by Reed on October 13, 2005 | Comments (26)

Wildernesse (Tiffany) is a beautiful law student who just happens to be married to a handsome evolutionary biologist. Today in her class on education law they discussed evolution and creationism. She has written about it on her blog, go check it out.

Oh well. I wish people were more educated. I’m not even well-educated on this subject, but I know that a lot of what is spouted off out there is nonsense. (My definition of well-educated for laypersons is whether you can explain a frequency-dependent selection model, a phylogenetic tree, and why humans are taxonomically classified as an ape. If you can’t do those things, what makes you think you know enough? I am arbitrary and I love it.) I wish people didn’t feel they had to cram their religious beliefs into a stunted mold and become blind to the utterly awe-inspiring natural mechanisms of our world. Let God out of the box.

Posted by Nick Matzke on September 30, 2005 | Comments (35)

Due to the Kitzmiller case, it is now becoming widely known that the modern “intelligent design” movement originated as nothing more than a new label for 1980’s creationism. The intermediate form was Of Pandas and People, which was originally written as an explicitly creationist book, but when published in 1989, became the first book to systematically use the term “intelligent design.”

Continue reading  “Why didn't they tell us?

Posted by Nick Matzke on September 29, 2005 | Comments (3)

Howdy from Harrisburg! I would like to apologize for shirking my blogging responsibilities regarding the Kitzmiller case – NCSE is consulting for the plaintiffs, talking to the media, and hopefully blogging, but doing the first two has excluded the latter until now. We did get a chance to do some podcasting, which I believe Wes has put up.

Today court is starting at 9:30 rather than 9:00 so I have a bit of time. All I wanted to say for the moment was GO READ “Have you ever really looked at intelligent design?” by Mike Argento. This is the best short summary that I’ve seen of Rob Pennock’s fantastic expert testimony on Wednesday.

For more excellent coverage, see Dover Biology at the always-on-top of things York Daily Record, particularly Lauri Lebo’s story “Witness bashes intelligent design.” See also Mike Argento’s blog commentary at http://www.yorkblog.com/.

Posted by Nick Matzke on August 10, 2005 | Comments (8)

http://www.arn.org/arnproducts/books/b005.jpgSome big revelations in the federal court case on “intelligent design” have just come out (see many previous PT posts on Kitzmiller v. Dover, especially the  summary post, “Design on Trial”).  The always on-the-ball Lauri Lebo of the York Daily Record has a story out today, “Depositions refer to creationism,” that reports on the origins of the ID policy in Dover, Pennsylvania, based on new court filings.

What court filings, you ask?  Well, a brief opposing the defendants’ motion for summary judgment was filed by the plaintiffs this week.  In a motion for summary judgement, the defense argues that there is no dispute about the facts, and thus no need for a trial before the judge’s decision.  The plaintiffs issue a response that summarizes why there is a substantive dispute in the case, and it therefore should go to trial.

Continue reading  “Revelations in Kitzmiller v. Dover

Posted by Ed on June 27, 2005 | Comments (39)

After reading the majority opinion in the McCreary case, involving the posting of the Ten Commandments in a county courthouse, I am convinced that the ruling is extremely good news for those of us who are active in fighting the attempts of creationists (in whatever form) to weaken science education in public schools. But in order to understand why, some background is required. We've been waiting with great anticipation for this decision because it would involve the Lemon test, the set of criteria that the court has used (sometimes) for the last 35 years or so to determine whether a policy violates the Establishment Clause. The Lemon test has three prongs - purpose, effect and entanglement. In order to meet the test, a policy must have a clear secular purpose, have the effect of neither advancing not inhibiting religion, and must not unnecessarily entangle church and state.

In the battle against creationism in science classrooms, the purpose prong is very important because those who advocate putting creationism into classrooms invariably make pronouncements of religious intent. In the Dover case, for instance, the school board member who proposed putting "intelligent design" into science classrooms announced he was doing so because "someone died on a cross 2000 years ago" and it was time for someone to "take a stand for Him." But in the course of the last few years, there have been many voices on the court for either modifying or even doing away with the Lemon test, particularly the purpose prong, and many of us feared that the McCreary case might be used to renounce the test, in part or in whole. The appellants in McCreary specifically asked the court to do away with the purpose prong, arguing that it was nebulous and impossible to truly understand the purpose of a person or governing body.

Continue reading  “McCreary Ruling Good News for Science Education

Posted by Nick Matzke on June 25, 2005 | Comments (48)

(UPDATE: Apparently the dispute has been resolved and Dembski will be paid.  See updated post at Post-Darwinist.  Links here updated.)

Well, we don’t say this very often on The Thumb, but a hat-tip goes to pro-ID journalist Denyse O’Leary and her Post-Darwinist blog for breaking this story:

Key ID theorist threatens to sue intelligent design supporters in Dover, Pennsylvania case

Recently, this blog learned that ID theorist Bill Dembski is threatening legal action against the Thomas More Law Center for refusing to pay him for over one hundred hours of time he clocked as an expert witness in the Dover intelligent design case. The Center recently dismissed Dembski as an expert witness, in what sounds like a falling out with the mainstream ID community.

(Denyse O'Leary, Post-Darwinist)

Continue reading  “Dembski threatens to sue Dover defense

Posted by Ed on June 19, 2005 | Comments (70)

This story has finally been made public so we can talk about it. Within the last couple weeks, three of the main experts for the defense in the Dover ID trial - William Dembski, Stephen Meyer and John Campbell - have all been withdrawn as expert witnesses in the case. The York Daily Record reports:

Dembski, a mathematician and scientific philosopher, said the Thomas More Law Center, which is defending the school board, basically fired him because he wanted to have his own attorney present during the depositions.

He said he’s puzzled and frustrated by Thomas More’s refusal to let him participate.

"I felt like I was in the crossfire," Dembski said.

The article goes on to note that there is a basic disagreement between the Discovery Institute, of which all three are fellows, and the Thomas More Law Center, over whether the Dover policy of mandating ID in classrooms is a good idea. The DI has taken the position that it should be allowed, but not mandated, while the TMLC is defending the board's policy of mandating that teaching. Both Dembski and Thompson tried to downplay those differences a bit in the article above, but I would maintain that they go a lot deeper than is being admitted.

Continue reading  “ID Experts Withdraw from Dover Trial

Posted by Nick Matzke on June 15, 2005 | Comments (19)

/archives/images/Georgia_seal.pngA seventh amicus brief (pdf) in the Selman case has been put up on the NCSE Selman website (www.ncseweb.org/selman — See the previous PT post).  This brief is by national and Georgia religious groups (National Council of Jewish Women, Interfaith Alliance, and Georgia Interfaith Alliance), and addresses the question of whether the Cobb County Evolution Warning Label violates the Bill of Rights of the Georgia Constitution:

Paragraph VII. Separation of church and state. No money shall ever be taken from the public treasury, directly or indirectly, in aid of any church, sect, cult, or religious denomination or of any sectarian institution.

(Bill of Rights of the Georgia Constitution)

It is often the case that state constitutions are even stronger on civil rights than the Federal Constitution, so constitutional challenges to policies will often invoke the local state constitution as well as the federal constitution.

The plaintiffs’ brief in the appeal (pdf) is also now available.

Posted by Nick Matzke on June 10, 2005 | Comments (5)

http://www.ncseweb.org/resources/news/2005/ZZ/CobbDisclaimer.jpgRegular patrons of The Thumb will be familiar with the case Selman v. Cobb County School District (see previous PT posts, e.g. 1, 2, 3, 4, 5, 6).  This was the case that tested the constitutionality of school-district mandated evolution “warning labels” in biology textbooks.  In January 2005 Judge Clarence Cooper of the Northern District of Georgia ruled that these warning labels were unconstitutional because they had an impermissable religious effect, violating the Lemon test

In May 2005 the disclaimers were finally removed from Cobb textbooks, but the Cobb County School Board has appealed the decision to the Eleventh Circuit of the U.S. Court of Appeals.  Today, the National Center for Science Education and People for the American Way filed an amicus brief explaining the history of creationist attempts to place “warning labels” about evolution in kids’ textbooks.  See the NCSE Press Release.  The history of creationist attempts to infere with the teaching of evolution, via “warning labels” and other methods, seems to have been an important consideration in Cooper’s trial court decision, and so will likely be important at the appeals court level as well.

NCSE has set up a special webpage on Selman.  NCSE’s amicus brief is not alone: so far, we know of seven other amicus briefs that are supporting Judge Cooper’s decision.  The briefs come from diverse perspectives, including scientists, science teachers, civil liberties, religious groups, grassroots groups opposed to creationism, etc.  PDFs of the briefs are being uploaded to NCSE’s Selman page as they are sent to NCSE.  See the NCSE press release and the NCSE Selman FAQ for more information, and spread the word.

Continue reading  “NCSE files amicus brief on the history of evolution "warning labels"

Posted by Reed on April 28, 2005 | Comments (85)

I’ve gotten a hold of five amicus briefs recently filed in support of the disclaimers placed on Cobb Country, GA biology textbooks.  These briefs have been filed with the 11th circuit court and can be found here along with other documents.

The lowlights:

  1. The states of Alabama and Texas argue that separation of church and state does not exist, that biology books are innately hostile towards religion and thus may require a disclaimer to make them neutral towards religion, that the disclaimers accommodate religious students—Do these states accommodate blind students by requiring all textbooks be in Braille?—and that the disclaimers have no creationist language.

  2. Chemists and other scientists, organized by the Discovery Institute, use the standard (and discredited) intelligent design talking points to argue that “neo-Darwinism” and the “chemical origin of life” are controversial, despite the fact that neither of these things are mentioned in the disclaimer.  (This brief is a reworking of an amicus brief submitted to the trial court.)

  3. Roy Moore and his Foundation for Moral Law argue that the Lemon test is unconstitutional and that First Amendment does not apply in this case because the disclaimers are not a law establishing a state church.

  4. The Alliance Defense Fund argues that there was only one reason that the trial court found against the disclaimer—There were actually several reasons cited by the trial court.—and that the disclaimer should be upheld because it is similar to anti-liquor, anti-homosexual, and anti-choice laws.

  5. Hare Krishnas argue that the disclaimer does not just support Christians, that ruling against it is being hostile towards religion, and that the disclaimer promotes tolerance towards religious people.

Posted by Timothy Sandefur on April 26, 2005 | Comments (85)

A parent and ID creationist in Roseville, California, has filed a libel lawsuit against National Center for Science Education Director Dr. Eugenie Scott on the basis of statements made in her recent article in California Wild magazine. The parent, Larry Caldwell, claims that Dr. Scott has impugned his character and should pay for it. But in fact, the lawsuit is a frivolous waste of the court's time and a character study in the mind of the modern ID creationist activist.

Continue reading  “Nuisance libel lawsuit against Eugenie Scott

Posted by Timothy Sandefur on February 17, 2005 | Comments (88)

The Texas Tech Law Review recently published an article about evolution disclaimers, which contains some interesting arguments about the creationism/evolution controversy generally. Chad Edgington, Disclaiming Darwin Without Claiming Creation: The Constitutionality of Textbook Disclaimers And Their Mutually Beneficial Effect on Both Sides of the Origins Debate, 5 Tex. Tech L. Rev. 135 (2004). Edgington (whose article was published before the Cobb County decision) argues "not only...that disclaimers which call for a critical approach to evolution are constitutional, but that a liberal policy allowing for their placement in textbooks is the most satisfactory solution to controversy surrounding the teachings of origins." Id. at 138.

Continue reading  “The heckler's veto over evolution

Posted by Timothy Sandefur on January 31, 2005 | Comments (22)

Francis Beckwith has an article about the Cobb County disclaimer case in Legal Times which is misleading and alarmist. According to Professor Beckwith, the decision is a threat to religious tolerance. Nothing, however, could be further from the truth.

Continue reading  “Beckwith's "burden": the First Amendment itself

Posted by RBH on January 9, 2005 | Comments (29)

Matt Brauer, a founding contributor to Panda’s Thumb, has been noticeably absent lately.  Courtesy of Ed Brayton we now know why.  With Constitutional scholar Stephen Gey and philosopher/historian of science Barbara Forrest (of Creationism’s Trojan Horse fame), he has been working on a massive analysis of the constitutionality of teaching ID in public schools, Is it Science Yet?: Intelligent Design Creationism and the Constitution.  Be warned!  It’s a 195-page document.  I won’t reproduce the Abstract here: the link above is to it and the working paper itself is available for download at that link.

Posted by Timothy Sandefur on January 8, 2005 | Comments (13)

Thanks to the reader who passed on this very interesting opinion of the Attorney General of Tennessee. It turns out that in that state,

There shall be no public exhibition or display of Native American Indian human remains, except as evidence in a judicial proceeding.

Tenn. Code Ann. § 11-6-117. According to the definition section of the law, "remains" means "the bodies of deceased persons, in whatever stage of decomposition. . .." Tenn Code Ann. § 11-6-102 (7) (emphasis added).

Continue reading  “The head bone's connected to the [CENSORED]

Posted by Timothy Sandefur on January 4, 2005 | Comments (30)

The Spring 2004 issue of the Louisiana Law Review contains an article about the evolution/creationism controversy: Arianne Ellerbe, We Didn't Start The Fire: The Origins Science Battle Rages on More Than 75 Years After Scopes, 64 La. L. Rev. 589 (2004). (Sorry, it's not on line.) Ellerbe, a summa cum laude graduate of LSU, has received awards for her youth-ministry work, and helps run Refined By Fire Ministries. Her article, however, demonstrates significant misunderstandings of the legal issues surrounding the religion clauses of the First Amendment in general, and evolution education specifically.

Continue reading  “Law review follies (part 4,242,535) [Updated]

Posted by Nick Matzke on December 21, 2004 | Comments (26)

Over on Evangelical Outpost, Joe Carter just posted the following shocking passage that pretty clearly associates:

1. The statistically lower average qualifications of black students applying to law school, with
2. Natural “ability or aptitude.”

Since I’ve read Stephen Jay Gould’s Mismeasure of Man, this kind of thing really bugs me (and gives us the connection of this topic to The Panda’s Thumb).

Read it for yourself:

Continue reading  “Mismeasures on Evangelical Outpost

Posted by Timothy Sandefur on December 17, 2004 | Comments (37)

In a comment regarding the Dover school board case, Grand Moff Texan asks,

Isn't teaching bad science as science an act of fraud?

Couldn't parents sue a public institution for willfully damaging their children's education?

Oh, how I wish. I've long said it's one of my dreams in life to be the first attorney to successfully sue a government school teacher for malpractice. Alas, it can't be done.

Continue reading  “Suing schools for negligent science education?

Posted by Timothy Sandefur on July 21, 2004 | Comments (35)


The current issue of Nexus: A Journal of Opinion* features a deeply flawed student article by Crystal V. Hodgson, Coercion in The Classroom: The Inherent Tension between The Free Exercise and Establishment Clauses in The Context of Evolution. Hodgson's analysis is more honest than that of most proponents of creationism; nevertheless, her understanding of the First Amendment partakes of the confusion so common among them.

Continue reading  “Get Out of Evolution Free?

Posted by Timothy Sandefur on June 28, 2004 | Comments (119)

A new article in the Wake Forest Law Review provides a shoddy legal which is, alas, all too common in the religion context. Beginning with a deeply flawed understanding of the roles of the Free Exercise and Establishment Clauses, the article ends up making foolish statements about creationism in the classroom.

Patrick M. Garry, Inequality Among Equals: Disparities in The Judicial Treatment of Free Speech And Religious Exercise Claims 39 Wake Forest L. Rev. 361 (2004), argues that courts tend to pay too much attention to freedom of speech, as opposed to other freedoms, and that they ought not to do this. Now, broadly speaking, this is true.

Continue reading  “More bad legal analysis

Posted by Timothy Sandefur on April 15, 2004 | Comments (27)

There's rumbling in Darby, Montana. The school board there seems to be ready to adopt an ID curriculum, and they anticipate lawsuits over it, although they have support from the Speaker of the House of the state legislature. But now, the board's in trouble because they held a behind-closed-doors meeting where they apparently decided to rescind a job offer extended to a new superintendent of schools, and offer it instead to another person because of his "a sense of strong spirituality."

The Ravalli Republic, a local newspaper, has filed suit against the board for its closed meetings. Now, Montana law on open meetings appears to be pretty strong--the state Constitution, Art. II s 9, declares that "No person shall be deprived of the right to...observe the deliberations of all public bodies...except in cases in which the demand of individual privacy clearly exceeds the merits of public disclosure," and under the statutes enforcing open meetings requirements, courts can void decisions made at closed-door meetings. See, e.g., Bryan v. Yellowstone County Elementary School Dist. No. 2, 312 Mont. 257, 274 (Mont.,2002) ("open meetings violations remain of utmost concern to this Court. Nothing in this opinion should be interpreted to suggest that violations of open meeting laws by any entity subject to those laws will not result in voiding decisions so reached. We will not hesitate to affirm a district court's determination to void such decisions or reverse a court's refusal to do so." quoting Common Cause of Montana v. Statutory Committee to Nominate Candidates for Com'r of Political Practices, 263 Mont. 324, 333-34 (1994)). Why the school board secrecy, though? Because not all the parents are real thrilled about their kids being taught lies. Not to mention the fact that "Both federal and Montana's civil rights acts forbid religious discrimination by employers." Wolfe v. State, Dept. of Labor and Industry, Bd. of Personnel Appeals ex rel. Helena Educ. Ass'n, 255 Mont. 336, 339 (1992). See also McCann v. Trustees, Dodson School Dist., 249 Mont. 362, 364 (1991).

Posted by Steve on April 13, 2004 | Comments (22)

They say that sometimes truth is stranger than fiction. But for our good friends at Answers in Genesis (AiG), fiction and truth are freely interchangeable. The latest bit of hilarity comes courtesy of AiG's legal counsel, who, aside from not being able to take a joke, apparently has a poor grasp of both the legal and ethical meaning of intellectual (sic) property law.

To begin with the beginning, AiG is America's leading young-earth creationist outfit, and like all high-caliber scientific organizations, it has its own resident cartoonist. Dan Lietha writes two cartoon series which appear on AiG's website: CreationWise and After Eden. The drawings are kind of nice in an Ziggy sort of way, but they're not quite as funny as Mary Worth. Basically, they're not much more than inane creationist claims made to look cartoonish. . . um, that is, being made into visual form. But they certainly contain lots of unintentional humor, so there's only one thing left to do: Poke fun at them.

Making parodies of visual materials over the web is hardly a new thing, and as anyone familiar with the frequent Photoshop contests on Fark.com can tell you, they're a great venue for fun and artistic talent. So when participants of the Humor forum of the Internet Infidels Discussion Board (IIDB) decided to do a parody of AiG's cartoons, they were just having harmless, legally permissible fun. Right?

Continue reading  “Answers in Nemesis

Posted by Timothy Sandefur on April 10, 2004 | Comments (26)

Just in case you aren't as tired with the whole NCSE-violating-the-Establishment-Clause thing as I am. . .

Continue reading  “Last Word on Establishment (I Hope)

Posted by Timothy Sandefur on April 7, 2004 | Comments (47)

I've dealt already with the argument that the NCSE website's funding by the National Science Foundation violates the Establishment Clause, and Francis Beckwith's article really makes no new points. But I have a few more thoughts about it--and about the sloppy thinking it reveals (which is pretty common among creationists).

Continue reading  “More on Establishment

Posted by Ed on April 7, 2004 | Comments (16)

The ID crowd just continues to push this ridiculous argument that the Understanding Evolution website, by pointing out that evolution is not necessarily in conflict with religion and that many Christians and other types of theists accept evolution without giving up their faith, violates the establishment clause. The latest is from our old friend Francis Beckwith. This argument has been completely shredded by Timothy Sandefur, in a piece that Beckwith has no doubt seen. Yet he continues to push this, on his blog and in print. I'm sure he made a few bucks with the article in the American Spectator, but I still think it's kind of silly to keep pushing an argument this silly.

In fact, I think it's time for a challenge. Frank, I know you read this blog. If you really think you have an argument here, take it to court. If you really think this is a violation of the establishment clause, file a suit. John West is making the same argument and the DI has lots and lots of money to cover the legal fees. You and David Dewolf can design the legal strategy. I predict that you won't do it, because you know that this argument would be greeted with exactly the kind of response it is due, primarily laughter. I think you know how bad this argument is, but continue to push it, and ignore the criticisms that have been made of it, because it suits the DI's public relations agenda.