Gay rights and freedom of speech: Daniel Shinoff
is struggling to figure out student rights
Right-wingers and left-wingers have been united in defense of Tyler
Chase.
I must confess that I have struggled with the problem of how much
free speech to allow students who want to condemn other students.
At first I agreed with Daniel Shinoff that T-shirts condemning gay
students should not be allowed.
But then I realized that freedom of speech exists for a good reason.
If young Mr. Tyler Chase Harper wants to discuss his sincerely-held
religious beliefs about other people's sexual orientation, why not let
him? Of course, he has to be respectful to his fellow students. And
they, too, have a right to discuss the subject.
Schools should not hide from important social issues and
facts of life.
But ubiquitous school attorney Daniel
Shinoff seems to have an even bigger
problem with this whole issue.
His problem is that he wants schools to
have power to restrict speech WITHOUT
having the responsibility to keep students
safe.
Shinoff and the Poway Unifed School Board have contradicted
themselves about their obligations to physically protect students
and to protect their right to free speech at the same time.
In the Megan Donovan and Joseph Ramelli case, which involved
brutal harassment of two students, the district and its lawyers
claimed that the school could not be expected to protect gay
students from physical abuse.
But in the Harper case, the same lawyers and school district argued
that they had a right to restrict freedom of speech because it could
conceivably lead to harassment of gay students.
Grossmont Union High School District
Daniel Shinoff has recently been working with the ACLU to sort out a
similar problem at Grossmont Union High School District.
Letter to Daniel Shinoff
is struggling to figure out student rights
Right-wingers and left-wingers have been united in defense of Tyler
Chase.
I must confess that I have struggled with the problem of how much
free speech to allow students who want to condemn other students.
At first I agreed with Daniel Shinoff that T-shirts condemning gay
students should not be allowed.
But then I realized that freedom of speech exists for a good reason.
If young Mr. Tyler Chase Harper wants to discuss his sincerely-held
religious beliefs about other people's sexual orientation, why not let
him? Of course, he has to be respectful to his fellow students. And
they, too, have a right to discuss the subject.
Schools should not hide from important social issues and
facts of life.
But ubiquitous school attorney Daniel
Shinoff seems to have an even bigger
problem with this whole issue.
His problem is that he wants schools to
have power to restrict speech WITHOUT
having the responsibility to keep students
safe.
Shinoff and the Poway Unifed School Board have contradicted
themselves about their obligations to physically protect students
and to protect their right to free speech at the same time.
In the Megan Donovan and Joseph Ramelli case, which involved
brutal harassment of two students, the district and its lawyers
claimed that the school could not be expected to protect gay
students from physical abuse.
But in the Harper case, the same lawyers and school district argued
that they had a right to restrict freedom of speech because it could
conceivably lead to harassment of gay students.
Grossmont Union High School District
Daniel Shinoff has recently been working with the ACLU to sort out a
similar problem at Grossmont Union High School District.
Letter to Daniel Shinoff
Severe abuse by teachers
Fred Kamper case
Vista Unified
Teacher rights:
posting religious/
banners in
classroom
Johnson v. PUSD
Amended Complaint
Calif. teacher can pursue
free-speech claim against
district
First Amendment Center
Online by The Associated
Press,
09.11.08
SAN DIEGO — A federal
judge will allow a Christian
math teacher to proceed with
his free-speech lawsuit
against his Southern
California school district.
Westview High School
teacher Bradley Johnson
filed his federal lawsuit
against the Poway Unified
School District last year
after he was told to remove
classroom banners that
include the words "God" and
"Creator.” School officials
told Bradley the banners
promoted a "Judeo-Christian"
viewpoint.
U.S. District Judge Roger
T. Benitez’s 23-page ruling
in Johnson v. Poway United
School District means that
Johnson may proceed with
his lawsuit against the school
district.
“By squelching Johnson’s
Judeo-Christian religious
viewpoint while promoting or
permitting Buddhist, Islamic,
and Tibetan religious
viewpoints, Defendants’ acts
clearly unjustifiably abridge
Johnson’s constitutional free
speech rights, ” Benitez
wrote in the Sept. 4 ruling.
The seven-foot banners
include "In God We Trust"
and "All Men Are Created
Equal, They Are Endowed By
Their Creator."
Benitez refused the district’s
request to dismiss the case,
saying the banners provide
"healthy exposure" to diverse
ideas.
“By squelching only Johnson’
s patriotic expression, the
school district does a
disservice to the students of
Westview High School and
the federal and state
constitutions do not permit
such one-sided censorship,”
the judge wrote.
posting religious/
banners in
classroom
Johnson v. PUSD
Amended Complaint
Calif. teacher can pursue
free-speech claim against
district
First Amendment Center
Online by The Associated
Press,
09.11.08
SAN DIEGO — A federal
judge will allow a Christian
math teacher to proceed with
his free-speech lawsuit
against his Southern
California school district.
Westview High School
teacher Bradley Johnson
filed his federal lawsuit
against the Poway Unified
School District last year
after he was told to remove
classroom banners that
include the words "God" and
"Creator.” School officials
told Bradley the banners
promoted a "Judeo-Christian"
viewpoint.
U.S. District Judge Roger
T. Benitez’s 23-page ruling
in Johnson v. Poway United
School District means that
Johnson may proceed with
his lawsuit against the school
district.
“By squelching Johnson’s
Judeo-Christian religious
viewpoint while promoting or
permitting Buddhist, Islamic,
and Tibetan religious
viewpoints, Defendants’ acts
clearly unjustifiably abridge
Johnson’s constitutional free
speech rights, ” Benitez
wrote in the Sept. 4 ruling.
The seven-foot banners
include "In God We Trust"
and "All Men Are Created
Equal, They Are Endowed By
Their Creator."
Benitez refused the district’s
request to dismiss the case,
saying the banners provide
"healthy exposure" to diverse
ideas.
“By squelching only Johnson’
s patriotic expression, the
school district does a
disservice to the students of
Westview High School and
the federal and state
constitutions do not permit
such one-sided censorship,”
the judge wrote.
Los Angeles Times
By Tony Perry
September 11, 2008
SAN DIEGO -- A high school
mathematics teacher has won
a round in federal court in his
fight to put "God Bless
America" and "One Nation
Under God" banners back in
his classroom.
Brad Johnson, a teacher
at Westview High in San
Diego County, had the
banners up in his
classroom for two
decades, but last year the
principal ordered him to
take them down, saying
they were an
impermissible attempt to
make a Judeo-Christian
statement to his students.
Johnson sued in federal
court. Poway Unified School
District officials sought to
have the lawsuit dismissed,
arguing that, as a public
employee, Johnson had only
limited 1st Amendment rights
while on the job and that the
principal had authority over
what was put on classroom
walls.
In a blistering 23-page
decision, U.S. District Judge
Roger T. Benitez rejected the
district's motion as legally
faulty and blasted its "brash"
attempt to take down the
banners. The jurist noted that
the district allowed other
teachers to put up posters
with Buddhist and Islamic
messages, posters of rock
bands including Nirvana and
the Clash, and Tibetan
prayer rugs.
Johnson's banners, Benitez
wrote, were patriotic
expressions deeply rooted in
American history.
"By squelching only
Johnson's patriotic
expression, the school district
does a disservice to the
students of Westview High
School, and the federal and
state constitutions do not
permit such one-sided
censorship," Benitez wrote in
a ruling issued last week.
The school district's attorney,
Jack M. Sleeth Jr., said
Wednesday that the school
board would meet in closed
session next week to discuss
whether to appeal the ruling,
settle the case or advance to
trial. He said the principal
made her decision after
receiving a complaint about
the banners.
"It's an extremely complex
issue," Sleeth said. "It's not
as simple as the teacher
loves the Lord and we tried to
stop him. He was hired to
teach mathematics. What do
these banners have to do
with mathematics?"
Sleeth said the district
offered to let the banners
remain if Johnson would
provide material showing the
historical context of the
messages on them. But he
refused, Sleeth said.
Johnson is seeking to restore
the banners, which include
"In God We Trust" and "God
Shed His Grace on Thee,"
and to be compensated for
$30,000 in legal fees.
The lawsuit was filed by the
Michigan-based Thomas
More Law Center, which
supports cases involving
religious issues nationwide.
The center is also
representing a Marine
lieutenant colonel facing
court-martial at Camp
Pendleton for allegedly not
investigating a possible war
crime by troops in Haditha,
Iraq.
Richard Thompson, president
and chief counsel for the law
center, suggested that the
Poway district should settle
rather than advance to trial.
"Many public schools exhibit
a knee-jerk hostility toward
Christianity," he said.
In his ruling, Benitez noted
that Johnson had never
referred to the banners while
teaching.
By Tony Perry
September 11, 2008
SAN DIEGO -- A high school
mathematics teacher has won
a round in federal court in his
fight to put "God Bless
America" and "One Nation
Under God" banners back in
his classroom.
Brad Johnson, a teacher
at Westview High in San
Diego County, had the
banners up in his
classroom for two
decades, but last year the
principal ordered him to
take them down, saying
they were an
impermissible attempt to
make a Judeo-Christian
statement to his students.
Johnson sued in federal
court. Poway Unified School
District officials sought to
have the lawsuit dismissed,
arguing that, as a public
employee, Johnson had only
limited 1st Amendment rights
while on the job and that the
principal had authority over
what was put on classroom
walls.
In a blistering 23-page
decision, U.S. District Judge
Roger T. Benitez rejected the
district's motion as legally
faulty and blasted its "brash"
attempt to take down the
banners. The jurist noted that
the district allowed other
teachers to put up posters
with Buddhist and Islamic
messages, posters of rock
bands including Nirvana and
the Clash, and Tibetan
prayer rugs.
Johnson's banners, Benitez
wrote, were patriotic
expressions deeply rooted in
American history.
"By squelching only
Johnson's patriotic
expression, the school district
does a disservice to the
students of Westview High
School, and the federal and
state constitutions do not
permit such one-sided
censorship," Benitez wrote in
a ruling issued last week.
The school district's attorney,
Jack M. Sleeth Jr., said
Wednesday that the school
board would meet in closed
session next week to discuss
whether to appeal the ruling,
settle the case or advance to
trial. He said the principal
made her decision after
receiving a complaint about
the banners.
"It's an extremely complex
issue," Sleeth said. "It's not
as simple as the teacher
loves the Lord and we tried to
stop him. He was hired to
teach mathematics. What do
these banners have to do
with mathematics?"
Sleeth said the district
offered to let the banners
remain if Johnson would
provide material showing the
historical context of the
messages on them. But he
refused, Sleeth said.
Johnson is seeking to restore
the banners, which include
"In God We Trust" and "God
Shed His Grace on Thee,"
and to be compensated for
$30,000 in legal fees.
The lawsuit was filed by the
Michigan-based Thomas
More Law Center, which
supports cases involving
religious issues nationwide.
The center is also
representing a Marine
lieutenant colonel facing
court-martial at Camp
Pendleton for allegedly not
investigating a possible war
crime by troops in Haditha,
Iraq.
Richard Thompson, president
and chief counsel for the law
center, suggested that the
Poway district should settle
rather than advance to trial.
"Many public schools exhibit
a knee-jerk hostility toward
Christianity," he said.
In his ruling, Benitez noted
that Johnson had never
referred to the banners while
teaching.
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