Comer Update - Suit Published

Posted 8 July 2008 by

The lawsuit filed by Texas science educator Chris Comer (see Chris Comer Sues Texas Agency: ‘Neutrality’ is Endorsement of Religion) has been posted by the National Center for Science Education. A juicy tidbit from the lawsuit:

... the Agency's firing of its Director of Science for not remaining "neutral" on the subject violates the Establishment Clause, because it employs the symbolic and financial support of the State of Texas to achieve a religious purpose, and so has the purpose or effect of endorsing religion. By professing "neutrality," the Agency credits creationism as a valid scientific theory. Finally, the Agency fired Director Comer without according her due process as required by the 14th Amendment — a protection especially important here because Director Comer was fired for contravening and unconstitutional policy.

Oh yeah - Watch NCSE's video about Chris Comer. NOTE TO COMMENTERS: The topic of this thread is Chris Comer's lawsuit against the Texas Education Agency. Do not clutter this thread with unrelated topics like evidence of Christ's resurrection, evidence for the Origin Of Life (OOL), etc. I won't be as lenient as I was in the last thread on this topic.

259 Comments

D P Robin · 8 July 2008

You have to love the Texans! No mealy-mouthing around with ID language (even though Forrest's talk was about ID and they could have referred to "ID" in firing her, instead of "Creationism"). By calling a spade a spade, the TEA let everyone know just where they stand and why. When it is couched in these terms, one can't help but to think that this will not only be a slam-dunk for Comer, but that it will practically ensure that the science standards will not be watered down--the state of Texas would just lose too much face otherwise.
NOTE TO COMMENTERS: The topic of this thread is Chris Comer’s lawsuit against the Texas Education Agency. Do not clutter this thread with unrelated topics like evidence of Christ’s resurrection, evidence for the Origin Of Life (OOL), etc. I won’t be as lenient as I was in the last thread on this topic.
Well said! We will look to you to prevent threadjacking! Thanks. dpr

tomh · 8 July 2008

It looks like a strong case but it all depends on getting a decent judge which is definitely problematic in a Texas federal court. Not to mention that the federal court of appeals will be a total crapshoot.

richCares · 8 July 2008

"The point, doofus, is that Forrest’s lecture expressed disapproval of religion, so announcing her lecture expressed disapproval of religion."

No she does not express disapproval of religion, she points out that ID is a sham.

She says absolutely nothing about "disapproval of religion", read her book and see, don't project your opinions into it, leave that to DI!

Peter Henderson · 8 July 2008

Bad as YECism is in Northern Ireland I actually think that this situation could not arise here. Fair employment legislation is so stringent in the province it would be impossible for an employer to take such a line. If they did they would lose any impending court case/tribunal. Mz. Comer would receive extensive compensation/damages.

What is fair employment law like in Texas ?

Ichthyic · 8 July 2008

I am obviously the most knowledgeable commenter here.

I wonder if your brother would agree?

JGB · 8 July 2008

Aside from the point about the absurdity about Forrest pushing some kind of anti-religious agenda. There is another point it is completely ridiculous to assert that forwarding a notice about an educational talk is some how inappropriate. Similar logic would dictate that she could have been fired for forwarding info on the Evolution 2008 conference since there were some talks about how it is in fact illegal to teach creationism. The fact that teachers were awarded continuing education credits for part of the conference completes the argument that she was fired for doing her job.

Peter Henderson · 8 July 2008

In Northern Ireland this action by her employers would definitely fall under this: http://www.equalityni.org/sections/default.asp?cms=Your+Rights_Fair+employment+%26+treatment&cmsid=2_56&id=56&secid=2 I would imagine her sacking would fall under the victamisation or harrisment sections. Surely Texas nust have something similar ? :

4. Harassment is defined as unwanted conduct which has the purpose or effect of violating a person’s dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment for a person.

iml8 · 8 July 2008

I was confused at the outset of this case over whether this
was an Establishment Clause case or a "wrongful termination"
case. Looks like it's mostly the first with a bit of the
second iced on top.

Oh, the Darwin-bashers are back. Sigh, they're not even fun
to tease any more. There's only so much "deja moo" a man can
stand before his eyes glaze over.

White Rabbit (Greg Goebel) http://www.vectorsite.html/tadarwin.html

iml8 · 8 July 2008

James said: If ID is a religious idea, then it is unconstitutional to teach it as science in a science classroom.
Yeah, I was sitting there with my face screwed up in a degree of confusion wondering: "I thought these guys always claimed: 'We're like scientists, man.'" But on reading this, I thought: "Oh yeah, that's right, if it's really about religion, then they can't teach it in science class." TWO levels of confusion. Sigh, it takes a surgical operation to get the comprehension of a contradiction into the brain of a lunatic fringer. White Rabbit (Greg Goebel) http://www.vectorsite.net/tadarwin.html

Ron Okimoto · 8 July 2008

D P Robin said: You have to love the Texans! No mealy-mouthing around with ID language (even though Forrest's talk was about ID and they could have referred to "ID" in firing her, instead of "Creationism"). By calling a spade a spade, the TEA let everyone know just where they stand and why. When it is couched in these terms, one can't help but to think that this will not only be a slam-dunk for Comer, but that it will practically ensure that the science standards will not be watered down--the state of Texas would just lose too much face otherwise. dpr
Let's just say that creationism was mention at the firing meeting. How will Comer demonstrate that this is the case? The Dover board lied about what they talked about and said. They even claimed that the reporters that quoted them were wrong. If all the board lie about it, Comer's case would be much weaker. The fact that creationism was brought up and it has repeatedly been found to be not an appropriate science topic, would put a big dent in their neutrality argument. Any minutes or recording of the meeting? It would be obvious to any judge that you can't be neutral in teaching a religious topic in the science class. There is just too many court rulings on the issue. Ron Okimoto

iml8 · 8 July 2008

Eric said: Now, the only way a talk bashing ID could be considered anti-religious is if you consider ID to be religious.
"Surgical operation." "Lunatic fringer." See above. White Rabbit (Greg Goebel) http://www.vectorsite.net/tadarwin.html

iml8 · 8 July 2008

stevaroni said: Barbara Forrest’s lectures send a message of disapproval of religion masquerading as science.
And there's a third level of confusion here: Darwin-bashing is just that, a package of attacks on evolutionary science with nothing else to offer, and as such somewhat difficult to fit into any framework of "neutrality". White Rabbit (Greg Goebel) http://www.vectorsite.net/tadarwin.html

midwifetoad · 8 July 2008

I've posted a text version (OCR, with glitches) here:

http://blog.darwincentral.org/wp-content/uploads/2008/07/comer.pdf

midwifetoad · 8 July 2008

You folks were also sure that Yoko Ono was going to win her “Imagine” copyright infringement suit against the producers of “Expelled.”
I understand it's been removed. I bet it doesn't appear in the DVD. Your learnedness should take a look at how "neutrality" laws have fared in past court cases, say in Arkansas and Louisiana.

chuck · 8 July 2008

Peter Henderson said: What is fair employment law like in Texas ?
I can only paraphrase, but I believe Texas fair employment law reads something like: "Shut up insect. And if you don't like it then go starve in the street." Or words to that effect. Luckily, this is a federal lawsuit. PS, if someone knows differently, I'd be glad to hear.

Flint · 8 July 2008

So let me see if I have this right. Comer announced an upcoming lecture by Forrest. This lecture (based on Forrest's book and testimonies) would cast ID in a negative light. Everyone knows ID is creationism rephrased in the hopes of pretending it's not religion for legal purposes, while actually BEING religion for instruction and preaching purposes. And indeed, Forrest's primary talking point is exactly that: the deliberately dual nature of ID as straight creationism with "science" stenciled across its forehead to "fool" creationist judges.

Because Forrest is known to oppose this stunt, and since we agree that for selected purposes ID is religious, we can assume by implication that Forrest was preparing to attack religion. Not necessarily ALL religion, of course, just the TEA's (and Larry's) preferred religion. Worse yet, Forrest presents a stone cold slam dunk case that the TEA's understood (but unstated) goal of preaching creationism in science class is unconstitutional, and that ID was constructed for exactly that purpose.

Moving right along, it seems clear that by publicizing Forrest's lecture, Comer was making a strong statement disapproving of the TEA's goals and methods. She was, and KNEW she was, drawing battle lines between the forces of good science instruction and the forces of creationist duplicity. The TEA knew perfectly well what she was doing, and being nominally her boss, they fired her. Nor is it any secret to anyone that "neutrality" is an Orwellian term which in practice means not teaching any science that conflict's with the TEA's religious preferences.

I would think a court would primarily need to disentangle the interpretation of "neutrality" to demonstrate that it means, and is intended for the purpose of, protecting and abetting one particular religious view. The term itself rests entirely on the presumption that science and creationism are equally religious faiths, on which the TEA and its employees cannot take sides! Within the world of science itself, "neutrality" is a meaningless idea. Evidence rules.

D P Robin · 8 July 2008

Ron Okimoto said:
D P Robin said: You have to love the Texans! No mealy-mouthing around with ID language (even though Forrest's talk was about ID and they could have referred to "ID" in firing her, instead of "Creationism"). By calling a spade a spade, the TEA let everyone know just where they stand and why. When it is couched in these terms, one can't help but to think that this will not only be a slam-dunk for Comer, but that it will practically ensure that the science standards will not be watered down--the state of Texas would just lose too much face otherwise. dpr
Let's just say that creationism was mention at the firing meeting. How will Comer demonstrate that this is the case? The Dover board lied about what they talked about and said. They even claimed that the reporters that quoted them were wrong. If all the board lie about it, Comer's case would be much weaker. The fact that creationism was brought up and it has repeatedly been found to be not an appropriate science topic, would put a big dent in their neutrality argument. Any minutes or recording of the meeting? It would be obvious to any judge that you can't be neutral in teaching a religious topic in the science class. There is just too many court rulings on the issue. Ron Okimoto
I based my comment on #3 of the Introduction to Comer's complaint, as found in the link Dave Thomas gave us:
3. On November 8, 2007, the Agency fired Director Comer for contravening the Agency's "neutrality" policy by forwarding an email to other science educators annoncing an wpcoming lecture about evolution and creationism. According to the Agency's memorandum recommending that director Comer be fired:
On October 26, 2007, Ms Comer forwarded an email from her TEA email account to a grouop of people, including two external email groups, that annouced a presentation on creationism and intelligent design entitled "Inside Creation's Trojan Horse." The email states that the specker [Barbara Forrest] is a board member of a science education organization, and the email clearly indicates that the group opposes teaching creationism in public education. ... When Dr. Jackson asked Ms Comer about this situation, she replied that she was only forwarding information. However, the forwarding of this event announcment by Ms Comer, as Director of Science, from her TEA email account constitutes much more than just sharing information. Ms Comer's email implies endorsement of the speaker and implies that TEA endorses the speaker's position on a subject on which the agency must remain neutral. Thus, sending this email compromises the agency's role in the TEKS revision process by crerating the perception that TEA has a biased position on a subject directly related to the science education TEKS.
(Ex. B) (emphasis added)
This is repeated later in the complaint, and in the exhibits. It is well worth reading. Although I still have some questions, I think it is a very strong case. I should note that I had to type out the above, as I could not cut and paste from a pdf doc on this computer. Any types, therefore can be assumed mine. dpr

Larry Boy · 8 July 2008

Ron Okimoto said: If all the board lie about it, Comer's case would be much weaker. The fact that creationism was brought up and it has repeatedly been found to be not an appropriate science topic, would put a big dent in their neutrality argument. Any minutes or recording of the meeting?
True, which is why perjury is a criminal offense. Lie about you go to jail for five years. That should hopefully help keep the people somewhat honest. -Topic Change- I think Comer has a case and wish her well in the good fight (Of course, I have very few facts on which to base that opinion) but I wonder if the lawsuit might be more broadly worded than necessary. The enforcement of the 'neutrality' policy is possibly a violation of the establishment clause, (though I hope there are other laws which are more relevant), but the argument outlined very early in the brief that the neutrality policy itself violates the establishment clause, regardless of the way in which it is implemented, seems much more tenuous. Certainly teaching religion in the science class room is unconstitutional, but is it unconstitutional for a government agency to have a policy stating that they take no stance on the constitutionality of teaching religion in the science class room? Again, take note that this is a separate issue from firring Dr. Comer over her entirely reasonable e-mail, and I am not asking if the actions of the board were appropriate, but whether the first claim made in the suit: "By professing 'neutrality,' the Agency credits creationism as a valid scientific theory" and "The Agency's policy is not neutral at all, because it has the purpose or effect of inviting dispute about an issue ... that is forbidden by the Establishment Clause." is really a reasonable interpretation of the law. Is it really within the courts power to assert that government agencies are legally obligated to take specific positions on certain public policy issues? This seems to be a part of the plaintiff's argument. Discuss.

chuck · 8 July 2008

Larry Boy said: ... is really a reasonable interpretation of the law. Is it really within the courts power to assert that government agencies are legally obligated to take specific positions on certain public policy issues? ...
Maybe not, but it is perfectly reasonable that a court could assert that there are positions that government agencies CAN'T take. That is exactly what happened in Kitzmiller.

chuck · 8 July 2008

Larry Boy said: ... is really a reasonable interpretation of the law. Is it really within the courts power to assert that government agencies are legally obligated to take specific positions on certain public policy issues? ...
Maybe not, but it is perfectly reasonable that a court could assert that there are positions that government agencies CAN'T take. That is exactly what happened in Kitzmiller.

midwifetoad · 8 July 2008

I should note that I had to type out the above, as I could not cut and paste from a pdf doc on this computer. Any types, therefore can be assumed mine. dpr
Try this OCR pdf. It isn't perfect, but the occasional erors are fairly obvious. http://blog.darwincentral.org/wp-content/uploads/2008/07/comer.pdf

midwifetoad · 8 July 2008

I should note that I had to type out the above, as I could not cut and paste from a pdf doc on this computer. Any types, therefore can be assumed mine. dpr
Try this OCR pdf. It isn't perfect, but the occasional erors are fairly obvious. http://blog.darwincentral.org/wp-content/uploads/2008/07/comer.pdf

stevaroni · 8 July 2008

Is it really within the courts power to assert that government agencies are legally obligated to take specific positions on certain public policy issues?

Only on Planet Texas could the state science director be fired for insisting on teaching only good science.

GuyeFaux · 8 July 2008

Nitpick:

... Director Comer was fired for contravening and (sic) unconstitutional policy.

Should be

Director Comer was fired for contravening an unconstitutional policy.

Or is the mistake in the original?

stevaroni · 8 July 2008

The problem is that you people expect the TEA to prematurely take a position on an issue that is a topic of upcoming public hearings.

Yes. I expect the Texas Education Association to take positions on issues related to good education. Only on Planet Texas could the state director of science education be fired for insisting on teaching only good science.

Robin · 8 July 2008

Larry Boy said: Certainly teaching religion in the science class room is unconstitutional, but is it unconstitutional for a government agency to have a policy stating that they take no stance on the constitutionality of teaching religion in the science class room? Again, take note that this is a separate issue from firring Dr. Comer over her entirely reasonable e-mail, and I am not asking if the actions of the board were appropriate, but whether the first claim made in the suit: "By professing 'neutrality,' the Agency credits creationism as a valid scientific theory" and "The Agency's policy is not neutral at all, because it has the purpose or effect of inviting dispute about an issue ... that is forbidden by the Establishment Clause." is really a reasonable interpretation of the law. Is it really within the courts power to assert that government agencies are legally obligated to take specific positions on certain public policy issues? This seems to be a part of the plaintiff's argument. Discuss.
I do not think a court has any jurisdiction over whether a government agency has a policy of neutrality wrt public policy issues. The question the court may (likely will) address in the lawsuit is whether Comer's aciton violated such a policy however. Being neutral with regard to public policy does not entail that one ignore extracurricular eduction events that detail problems with public policy issues, particularly if said education events directly relate to one's government position and mandate. Thus, Comer, as the former Director of Science was well within her job domain AND adherence to the neutrality wrt public policy in sending out email notification on the talks given by Barbara Forest.

iml8 · 8 July 2008

Robin said: I do not think a court has any jurisdiction over whether a government agency has a policy of neutrality wrt public policy issues.
Having no standing in legal matters I have no idea how good or bad this case is, and can do no more than sit quietly and watch the circus come to town. But I am certainly amused at the idea of getting Darwin-bashers into the witness box. White Rabbit (Greg Goebel) http://www.vectorsite.net/tadarwin.html

stevaroni · 8 July 2008

The problem is that you people expect the TEA to prematurely take a position on an issue that is a topic of upcoming public hearings.

By the way, those "public hearings" you want are over. At least the ones that mattered. Too bad for the creobots that they took place under oath. "Arkansas's law cannot be defended as an act of religious neutrality. ... Plainly, the law is contrary to the mandate of the First, and in violation of the Fourteenth Amendment to the Constitution." - Epperson V Arkansas (1968) " 'creation science' is religion and is simply not science .... Act 590 is a religious crusade, coupled with a desire to conceal this fact", - Mclean V Arkansas (1982) "The overwhelming evidence at trial established that ID is a religious view, a mere re-labeling of creationism, and not a scientific theory." - Kitzmiller V Dover (2005)

midwifetoad · 8 July 2008

Not being a lawyer I can't comment on the legal case, except to say that the chances of comer returning to her job seem slim.

I believe the point of the lawsuit is that TEA's policy directly fails the Lemon Test:

1. The government's action must have a secular legislative purpose;
2. The government's action must not have the primary effect of either advancing or inhibiting religion;
3. The government's action must not result in an "excessive government entanglement" with religion.

The TEA policy promotes religion, and a particular subspecies of Protestant Fundamentalism, namely creationism. Exactly what secular purpose is advanced by being neutral in science class to a religious doctrine that denies the validity of the subject being taught?

Additionally, the law is not neutral toward creationism. The law singles out creationism as something that may not be taught. That interpretation is not just a local Dover finding: it is the finding of the Supreme Court.

Dave Thomas · 8 July 2008

Do not feed the Larry

Larry Fafarman managed to slip in some comments, despite his being banned for more than sufficient cause. His comments have been redacted, as have been those made in reply.

If you're wondering where your comments went, that's where. If I get time, maybe I'll dump them all to the bathroom wall. If I get time.

DNFTT!!!

Dave

midwifetoad · 8 July 2008

Not being a lawyer I can't comment on the legal case, except to say that the chances of comer returning to her job seem slim.

I believe the point of the lawsuit is that TEA's policy directly fails the Lemon Test:

1. The government's action must have a secular legislative purpose;
2. The government's action must not have the primary effect of either advancing or inhibiting religion;
3. The government's action must not result in an "excessive government entanglement" with religion.

The TEA policy promotes religion, and a particular subspecies of Protestant Fundamentalism, namely creationism. Exactly what secular purpose is advanced by being neutral in science class to a religious doctrine that denies the validity of the subject being taught?

Additionally, the law is not neutral toward creationism. The law singles out creationism as something that may not be taught. That interpretation is not just a local Dover finding: it is the finding of the Supreme Court.

stevaroni · 8 July 2008

The problem is that you people expect the TEA to prematurely take a position on an issue that is a topic of upcoming public hearings.

By the way, those "public hearings" you want are over. At least the ones that mattered. Too bad for the creobots that they took place under oath. "Arkansas's law cannot be defended as an act of religious neutrality. ... Plainly, the law is contrary to the mandate of the First, and in violation of the Fourteenth Amendment to the Constitution." - Epperson V Arkansas (1968) " 'creation science' is religion and is simply not science .... Act 590 is a religious crusade, coupled with a desire to conceal this fact", - Mclean V Arkansas (1982) "The overwhelming evidence at trial established that ID is a religious view, a mere re-labeling of creationism, and not a scientific theory." - Kitzmiller V Dover (2005)

Eric · 8 July 2008

Larry Boy said: Certainly teaching religion in the science class room is unconstitutional, but is it unconstitutional for a government agency to have a policy stating that they take no stance on the constitutionality of teaching religion in the science class room?
I don't know about unconstitutional, but that stance is certainly hard to justify. Imagine a government agency claiming they had to remain neutral on whether the right to freedom of speech was constitutional. IMO it doesn't pass the giggle test even if it might hypothetically be legal.
Is it really within the courts power to assert that government agencies are legally obligated to take specific positions on certain public policy issues?
Sure is, when those policy issues have already gone before the court. TEA is legally obligated to take the position that teaching creationism in public schools is unacceptable (Edwards vs Aguillard) the same way they are legally obligated to take the position that racially segregated schools are unacceptable (Brown vs BOE). Obviously in reality government agencies don't wave banners and cheer on every legal decision. But - with the exception of ongoing court cases - a gov agency must at least pay lip service to settled legal decisions. IMO by mentioning "neutrality" and "creationism," TEA set themselves a very difficult case, because the question of whether teaching creationism is constitutional was settled 21 years ago by the Supreme Court (...but not this Supreme Court...)

Nigel D · 8 July 2008

JGB said: ... Similar logic would dictate that she could have been fired for forwarding info on the Evolution 2008 conference since there were some talks about how it is in fact illegal to teach creationism. The fact that teachers were awarded continuing education credits for part of the conference completes the argument that she was fired for doing her job.
That's not quite it, JGB. She was fired for doing a good job. Apparently, the TEA does not want competent science teachers in its high schools. It's enough to make you wonder if leaving high-school education to state government is the right approach.

midwifetoad · 8 July 2008

(…but not this Supreme Court…)

I'd be hard pressed to imagine the Supremes vacating long established law. Not that some of them wouldn't be personally tempted, but reversing a long series of Supreme Court decisions is not likely to happen.

raven · 8 July 2008

Creationism isn't even a xian religious doctrine. It is a narrow sectarian dogma of a few fundie cults. The majority of xian denominations worldwide don't have a problem with evolution.

Even in Texas, evolution is taught at xian colleges, SMU, Baylor, and Texas Xian among others.

Discovery is going to be very interesting. I wonder how much evidence has already disappeared down the memory hole. If there are any closet Reality Acceptors in the Texas bureaucracies, this could be a problem for some administrators.

I also wonder how many death threats Comer has received so far? This is a favorite tactic of creos and Eric Pianka and the Texas Academy of Science got quite a few for no particular reason. Time for Dembski to stir himself out of hibernation and rally the troops. LOL.

FL · 8 July 2008

At the Uncommon Descent website, "DaveScot" cuts to the chase and nails down the point.

As I was reading the complaint it mentions Barbara Forrest’s talk was sponsored by the Austin Center for Inquiry. So basically Comer was using taxpayer funded resources owned by the Texas government to help the Austin Center for Inquiry advertise the event it was sponsoring. This raises the question of who exactly is the Austin Center for Inquiry and why should they be entitled to free advertising from the state of Texas?

Exactly correct. Git ready for some good hearty Texas-size splainin' under oath (with plenty of picante sauce), Ms. Comer!!! FL

midwifetoad · 8 July 2008

Discovery is going to be very interesting. I wonder how much evidence has already disappeared down the memory hole.
Ah, yes, the old dump the incriminating email ploy. It works so well in federal cases. Turns a civil suit into a felony case.

Torbjörn Larsson, OM · 8 July 2008

chuck said: it is perfectly reasonable that a court could assert that there are positions that government agencies CAN'T take.
Agreed. But know Comer has to prove that "By professing “neutrality,” the Agency credits creationism as a valid scientific theory." It isn't "teach the alternatives" any longer, it is "critique the theories" with "supplementary materials". The lawsuit is straightforward:
57. By professing "neutrality," the Agency unconstitutionally credits creationism, a religious belief, as a valid scientific theory. The Agency's policy is not neutral at all, because it has the purpose or effect of inviting dispute whether to teach creationism as science in public schools, [...]
We also have this::
The Society for the Study of Evolution released a statement (PDF) reading, in part, "Professional ethics demands that one not 'remain neutral' when science is deliberately misrepresented by creationists. Chris Comer thus acted responsibly and professionally in forwarding the announcement about an educational lecture regarding 'Intelligent Design' creationism. In contrast, the administrators who called for her termination and who forced her resignation acted irresponsibly and in direct opposition to the professional standards expected of those who oversee science education. Their comments, quoted above, make it clear that they have sacrificed not only a dedicated public servant but also the facts and the very nature of science to partisan political ideology. It is a sad day for Texas when TEA administrators resort to Stalinist-style purging to suppress the truth about the bankruptcy of 'Intelligent Design' arguments." [My bold.]
So there is perhaps a case from misrepresentation of evolution (clearly, by the nature of the critique and any supplementary material) to crediting 'alternatives' such as creationism (again, by the nature of the critique).
NOTE TO COMMENTERS: The topic of this thread is Chris Comer’s lawsuit against the Texas Education Agency. Do not clutter this thread with unrelated topics like evidence of Christ’s resurrection, evidence for the Origin Of Life (OOL), etc. I won’t be as lenient as I was in the last thread on this topic.
We read you, Yours Leniency..., ehrm, anyway; it's a good idea. A blog is like a beer brawl. The thread owner may well see fit to take us to a table and say, "See here the sumptuous feast I prepared for you; sit down and partake instead of running around and throwing sundry liquids all over this place." Now, if you will excuse me while I take this fork and look for a creationist to poke in the eye...

Torbjörn Larsson, OM · 8 July 2008

I found a live one!
FL said:

[...] So basically Comer was using taxpayer funded resources owned by the Texas government to help the Austin Center for Inquiry advertise the event it was sponsoring. This raises the question of who exactly is the Austin Center for Inquiry and why should they be entitled to free advertising from the state of Texas?

Now, we all know this will turn out to be a lie... ... yup. Read the lawsuit: Comer forwarded an email from the NCSE, which is a center dedicated to science education, to science educators in the Austin area. And the event was a talk by an academician and member of NCSE about a threat to science education. Comer only did her job, thoroughly. Be gone, liar! Don't come back until you have an actual argument. If a creationist can find such intelligent designs, it has to my knowledge never been demonstrated.

Eric · 8 July 2008

FL, There's two problems with this argument. 1 - this type of behavior may be wrong, but TEA has to show that it was justifiably firing-wrong and not discrimination. Do they fire everyone that sends personal announcement email from their TEA account? If not, what makes Comer's email different? If the answer is that everyone does it but only Comer gets fired for it, well, that's illegal. 2 - See Exhibit B, 2nd page, about halfway down. TEA put in writing that the reason Comer was fired was because discussing "teaching creationism in public education" might affect the TEKs process, and that her message "implies that TEA endorses the speaker's position on a subject on which the agency must remain neutral." So in the defendant's own words, she was fired because creationism is being considered in TEKs and TEA is required to remain neutral in regards to creationism. So, in short, DaveScot's "no free advertising" policy is a perfectly reasonable defense (i) if TEA applies it equally to all their employees, which they probably don't, and (ii) if TEA had chosen to use it as a reason to fire her, which they didn't.
FL said: At the Uncommon Descent website, "DaveScot" cuts to the chase and nails down the point.

As I was reading the complaint it mentions Barbara Forrest’s talk was sponsored by the Austin Center for Inquiry. So basically Comer was using taxpayer funded resources owned by the Texas government to help the Austin Center for Inquiry advertise the event it was sponsoring. This raises the question of who exactly is the Austin Center for Inquiry and why should they be entitled to free advertising from the state of Texas?

Exactly correct. Git ready for some good hearty Texas-size splainin' under oath (with plenty of picante sauce), Ms. Comer!!! FL

Wesley R. Elsberry · 8 July 2008

Oh, yeah, like "splainin'" is going to be a problem.

Why forward an email about Barbara Forrest discussing science education? Maybe because she's a nationally recognized expert on the topic she was to be discussing, and the topic being public school science education, it's pretty natural that an education specialist charged with oversight of science curricula would know other people who should be informed of the existence of the talk.

Torbjörn Larsson, OM · 8 July 2008

A general reflection on the creationist reactions to Comer:

Creationists that makes complaints in the case of someone Expelled unjustly, while pretending that for example Sternberg was 'unwelcome at the Smithsonian' or fired, seems both breathtakingly inane and prejudiced.

I honestly don't know whether to let them to continue showing their asinine side in public or kick them in it.

Lee H · 8 July 2008

Using the same "neutrality" argument that seems to apply only to creation/ID, the logical extension of this is that TEA and its employees should not be able to talk or send e-mails relating to ANY biological science or advanced in the field, since those topics might be discussed in a public hearing? That doesn't make any sense on the larger issues, just like it doesn't make any sense in relation to evolution specifically (and especially to religious beliefs that are trying to be placed in the classroom). How can the state science director NOT talk about science and science-related issues?

PvM · 8 July 2008

You mean Comer was doing her job in promoting science education? You're funny... Of course relying on Davescot arguments is done at one's own risk of looking foolish.
FL said: At the Uncommon Descent website, "DaveScot" cuts to the chase and nails down the point.

As I was reading the complaint it mentions Barbara Forrest’s talk was sponsored by the Austin Center for Inquiry. So basically Comer was using taxpayer funded resources owned by the Texas government to help the Austin Center for Inquiry advertise the event it was sponsoring. This raises the question of who exactly is the Austin Center for Inquiry and why should they be entitled to free advertising from the state of Texas?

Exactly correct. Git ready for some good hearty Texas-size splainin' under oath (with plenty of picante sauce), Ms. Comer!!! FL

jasonmitchell · 8 July 2008

seems pretty clear cut to me:

1)"neutrality" policy is unconstitutional
2)email was within the purvue of job responsibilities - valid educational topic to appropriate audience - not advertising a bake sale at local non-educational based organization or something like that.
3)When Comer was asked to retract email - she complied - they don't have grounds for insubordination

now the question I have - can Comer assert that she was discriminated against for not sharing the religious views of her superiors? would seem to be a clear case of "hostile workplace" under federal anti-discrimination laws (this would be a separate case - where she would ask for compensatory and punitive damages from both the state of Texas AND the individuals involved) In the long run I wonder if a discrimination/ harassment suit would have a greater effect, individuals would have to foot the bill vs passing on to gov't to pay (i.e. in Kitzmiller the DI left the Dover school board to foot the bill vs. the individuals out of their own pockets)

IANAL

Mike Elzinga · 8 July 2008

I’m not sure if I’m missing something here, but as I think back over all the court cases and political activity involving the ID/Creationists (Dover, Kansas State Board of Education, and on back to Overton’s decision), isn’t it the taxpayers who are always picking up the tab for the messes generated by the ID/Creationists?

It seems like the ID/Creationists are always in the financially protected and liable-free position, and none of them is ever held personally responsible or liable for any of their actions. If they win (which they haven’t) they don’t pay; if they loose (which they always have), the taxpayers pay and these ID/Creationists just regroup for another round later. None of them every suffers financial pain for what they do.

This sounds like a tactic.

Frank J · 8 July 2008

Somewhat OT, but I just read that John Templeton died.

So we might be hearing more (at the trial?) about how ID is so breathtakingly inane that even the Templeton Foundation rejected it.

And if anyone tries to pretend that the Comer issue is not about ID, just ask Don "big tent" McLeroy.

Mike in Ontario NY · 8 July 2008

Personally, I'm hoping that PBS will do another documentary to cover the Comer lawsuit that is as good as NOVA's coverage of the Dover trial.

By the way, creationists/ID'ers get plenty of financial support from the mislead faithful. Look at how much Ken Ham's monument to wrongheadedness cost to build, and how it was financed. Too bad folks didn't spend that money helping the poor.

Rolf · 8 July 2008

Isn't this isuue related to the controversy over the doctrine of "teach the controversy"?

If a controversy is to be taught and debated, it would seem to be a requirement that all (or both) sides would have to be heard, and neither side should close their ears or oppose the free expression and exchange of opionion - controversial or not.

But I understand that written rules and laws pertaining to the subject may serve to confuse what otherwise, to my mind, would seem to be a straightforward matter to resolve.

But I am just a logical mind and no lawyer or ID'er.

Dale Husband · 8 July 2008

FL said: At the Uncommon Descent website, "DaveScot" cuts to the chase and nails down the point.

As I was reading the complaint it mentions Barbara Forrest’s talk was sponsored by the Austin Center for Inquiry. So basically Comer was using taxpayer funded resources owned by the Texas government to help the Austin Center for Inquiry advertise the event it was sponsoring. This raises the question of who exactly is the Austin Center for Inquiry and why should they be entitled to free advertising from the state of Texas?

Exactly correct. Git ready for some good hearty Texas-size splainin' under oath (with plenty of picante sauce), Ms. Comer!!! FL
Only an anti-evolution bigot like you needs "splaining'". And don't try to talk like a "Texan" again. I'm a Texan and I find that insulting, almost as bad as a racial slur.

chuck · 8 July 2008

Mike Elzinga said: ... isn’t it the taxpayers who are always picking up the tab for the messes generated by the ID/Creationists?
Why would that be a surprise? They clearly think that tax payers should fund public religious education for their sect to start with. It's not much of a stretch from there to tax payers footing the bill for the required legal wrangling to get the lessons going. You know, that "hostile workplace" thing mentioned above is a GREAT idea. Seems like a slam dunk to me.

Mike Elzinga · 8 July 2008

If a controversy is to be taught and debated, it would seem to be a requirement that all (or both) sides would have to be heard, and neither side should close their ears or oppose the free expression and exchange of opionion - controversial or not. But I understand that written rules and laws pertaining to the subject may serve to confuse what otherwise, to my mind, would seem to be a straightforward matter to resolve.

The matter has been resolved long ago. There is no controversy. The ID/Creationists lost repeatedly and soundly. It has now become a political pogrom on the part of the ID/Creationists (see Wedge Document) to “cleanse” society of all “naturalism”, and the main target is the young and naive. And no atrocity is forbidden as long as it is done in the name of their sectarian god (it’s not clear that they are really practicing Christians).

iml8 · 8 July 2008

Rolf said: If a controversy is to be taught and debated, it would seem to be a requirement that all (or both) sides would have to be heard, and neither side should close their ears or oppose the free expression and exchange of opionion - controversial or not.
In DI tactical terms, "teach the controversy" was a scheme by which a package called "critical analysis of evolution" was inserted into the classroom, this package being more than slightly similar to a full course meal of traditional creation science (complete with "Darth Vader was a Darwinist" smear tactics and so on). All such schemes for penetrating public education with the Darwin-basher message amount to is prying the door open a crack so such a package can be inserted. In scientific terms, the actual controversy between evo science and the critics is a contest along the lines of that of Godzilla versus Bambi. Of course, the critics do not want such a contest, instead preferring a contest where Godzilla is handicapped to ensure an equal (or preferably losing) match with Bambi. White Rabbit (Greg Goebel) http://www.vectorsite.net/tadarwin.html

iml8 · 8 July 2008

I was thinking with the Comer and other cases coming up that
it might be nice to set up a "Bill Buckhingham Prize" to
be awarded to the Darwin-basher whose testimony proves most
helpful to evolutionary science.

I'd contribute a hundred bucks to it myself!

White Rabbit (Greg Goebel) http://www.vectorsite.net/tadarwin.html

Flint · 8 July 2008

I think it's important how broadly a court addresses the underlying issues.

The strategy is fairly straightforward.

Step 1: Lie through your teeth about science and scientists, and claim your lies are "scientific truth." Get an angry (but informed) response from scientists, explaining in detail why the lies are false. Use this response as "proof there's a controversy". It's pretty easy to provoke controversies by lying about people and their profession.

Step 2: Piously declare an official policy of "neutrality" about this artificial "controversy". That way you can (1) support creationism; (2) appear "objective", (3) imply there IS a controversy, which (4) is between equally valid viewpoints. If you have enough chutzpah, you can claim you are "not taking a position" with respect to religion. It seems clear that lawyers drew up this campaign.

So I wonder how narrowly a court might rule here. The basic choice is between ruling whether Comer was unjustly fired, or ruling that the TEA's overall policy of war to replace scientific knowledge with creationism is itself unconstitutional, and Comer is the most visible casualty but students kept in ignorance are the most important casualties.

And, this being Texas, I suppose it's possible some creationist judge can be found who will rule that the state should "neutrally" look the other way while his religion (but no other!!!) is preached as science.

Frank J · 8 July 2008

Why would that be a surprise? They clearly think that tax payers should fund public religious education for their sect to start with.

— chuck
It's not just religious education, but politically correct "revisionist prehistory," for which these bleeding hearts are whining for taxpayer-funded handouts. Put that way it should be no surprise why many conservatives do not want to be associated with that pathetic fringe.

Eric · 8 July 2008

Ah, the joys and travesties of the 'government contractor' defense. It certainly has its faults but I think strategically its an okay policy. Metaphorically, DI is just a tool (or, uh, tools). The blame for choosing it rests with the policy maker. There's always someone who will try and sell the government on something. And some of those salesmen will tell you exactly what you want to hear. Its the government official's job to be able to tell the the good advice from the bad. Its not an ideological thing - there are probably YEC lawyers and educators that would give TEA very good advice on their legal and public policy position - but regardless of what ideology an official holds, its still their job (IMO) to be able to distinguish good advice from bad.
Mike Elzinga said: I’m not sure if I’m missing something here, but as I think back over all the court cases and political activity involving the ID/Creationists (Dover, Kansas State Board of Education, and on back to Overton’s decision), isn’t it the taxpayers who are always picking up the tab for the messes generated by the ID/Creationists? It seems like the ID/Creationists are always in the financially protected and liable-free position, and none of them is ever held personally responsible or liable for any of their actions. If they win (which they haven’t) they don’t pay; if they loose (which they always have), the taxpayers pay and these ID/Creationists just regroup for another round later. None of them every suffers financial pain for what they do. This sounds like a tactic.

FL · 8 July 2008

Be gone, liar! Don’t come back until you have an actual argument.

Oh yeahhhhh. Say, don't you want to wait till the actual court decision goes down......? FL :)

richCares · 8 July 2008

"Put that way it should be no surprise why many conservatives do not want to be associated with that pathetic fringe. "
except for ann coulter, that's her customer base!

Saddlebred · 8 July 2008

FL said: Oh yeahhhhh. Say, don't you want to wait till the actual court decision goes down......? FL :)
The creos have proven to be quite reliable at predicting the opposite of any actual outcome. Maybe you and Mabus can start e-mailing James Randi about your ability to predict the exact opposite of what will actually happen.

Mike Elzinga · 8 July 2008

Ah, the joys and travesties of the ‘government contractor’ defense.

:-) Yup. Star Wars, Son-of-Cold-Fusion, psychokinetic manipulation, isomer weapons (the nuclear hand grenade; Heh! Yeah, like who’s gonna throw it?), Excalibur and x-ray lasers, etc., etc., etc…. Then there is the “Bridge-to-Nowhere”. Lotsa stuff. Can’t have an educated public. Nosiree. They might just figure it all out and put policy makers in place who will slog through the bullshit and toss it all out.

Raging Bee · 8 July 2008

So, FL, you really can't find a more credible source than DaveScot, who deletes posts he doesn't like and alters other posts to fit his prejudices? Who will you quote next? "The Collectede Workes of Dan Quayle?" "My Pet Goat?"

eric · 8 July 2008

Hmmm...I agree those were pretty much large wastes of taxpayer dollars, but I'm not sure your original idea of making non-government advisors sue-able have anything to do with them. Certainly not the last one that includes 'lotsa stuff', since what you're talking about are Congressional add-on. What're you going to do, sue a Congressperson for sending money to his/her district? :-) Its kind of their job to make sure the interests of their constituents are reflected in legislation, including appropriations bills. That's kind of the whole point of representative government. Totally agree with you that an educated (voting) public is the best defense against government idiocy...but again, this won't fix every problem. No amount of education will "fix" self-interest, and congressional pork is a matter of self-interest. In fact they sometimes go hand in hand...lots of pork goes to various colleges and universities...
Mike Elzinga said:

Ah, the joys and travesties of the ‘government contractor’ defense.

:-) Yup. Star Wars, Son-of-Cold-Fusion, psychokinetic manipulation, isomer weapons (the nuclear hand grenade; Heh! Yeah, like who’s gonna throw it?), Excalibur and x-ray lasers, etc., etc., etc…. Then there is the “Bridge-to-Nowhere”. Lotsa stuff. Can’t have an educated public. Nosiree. They might just figure it all out and put policy makers in place who will slog through the bullshit and toss it all out.

trrll · 8 July 2008

So let's get this right. Chris Comer called some people's attention toward a lecture that discussed how poor decisions on the part of a school board had laid the district open to legal liability resulting in many thousands of dollars of expenses, and this is portrayed as taking a position on a topic that on which the agency is neutral--presumably the advisability of wasting of Texas taxpayers' money in pursuing an illegal educational policy?

Mike Elzinga · 8 July 2008

No amount of education will “fix” self-interest, and congressional pork is a matter of self-interest. In fact they sometimes go hand in hand…lots of pork goes to various colleges and universities…

I doubt that very many people see anything wrong with putting their case out there for a share of community resources. That’s what sharing this planet requires. But intelligent, educated and informed people are usually better able to make finer distinctions and integrate the bigger picture. They tend to get less hung up on pseudo-issues, obfuscation, and other crap. Ideologues and charlatans distort or obliterate important information in order to skew conclusions in the direction of their ideology.

Paul Burnett · 8 July 2008

Mike Elzinga said: Ideologues and charlatans distort or obliterate important information in order to skew conclusions in the direction of their ideology.
Actually, that sounds a lot like what the TEA is accusing Chris Comer of doing. Depends on whose ox is being gored.

Mike Elzinga · 8 July 2008

Actually, that sounds a lot like what the TEA is accusing Chris Comer of doing. Depends on whose ox is being gored.

Yeah; it’s the “which-one-of-us-is-the-deceiver” game. We’ve seen the ID/Creationists play it often. They get their ideas from their holy book about their “great deceiver”. As long as objective, scientific information can be removed from the picture (or made highly suspect), then it is “just a matter of opinion” to be decided by “democratic majority rule”. Nasty game, it is.

Frank J · 8 July 2008

except for ann coulter, that’s her customer base!

— richCares
To put in perspective how far on the authoritarian fringe Coulter is, even the born-again-after-a-personal-crisis, ultra-right wing Mike S. Adams, who himself has parroted anti-evolution nonsense more than once, has criticized her for being too extreme. Keep in mind that the anti-evolution scam artists have two customer bases. One is the hopeless fundamentalists (~25% of adult Americans) who don't even need them, but just crave their soothing sound bites. The other is another ~40-50% that is mostly not fundamentalist but has been sold on some anti-evolution nonsense, including a ~20% segment that claims to accept evolution (or what they think is evolution) but still think it's fair to "teach the controversy."

Eric · 8 July 2008

Paul Burnett said:
Mike Elzinga said: Ideologues and charlatans distort or obliterate important information in order to skew conclusions in the direction of their ideology.
Actually, that sounds a lot like what the TEA is accusing Chris Comer of doing. Depends on whose ox is being gored.
C'mon. How could you possibly interpret writing "FYI" on a forwarded presentation announcement as 'distorting or obliterating information,' or 'skew[ing] conclusions'? That argument (if that's TEA's argument) is extremely weak, Paul. 'Distorting information' is when a public official claims the State of Texas must remain "neutral" on whether it is okay to teach creationism in schools, when the Supreme Court decided it wasn't 21 years ago.

MPW · 8 July 2008

FL quoting "DaveScot" said: So basically Comer was using taxpayer funded resources owned by the Texas government to help the Austin Center for Inquiry advertise the event it was sponsoring. This raises the question of who exactly is the Austin Center for Inquiry and why should they be entitled to free advertising from the state of Texas?
"Yeah, and what's more, she had forwarded many other emails about events related to science and science education over her years at the TEA... as part of her job! The state of Texas was paying Chris Comer to give free advertising to a whole array of people! The outrage!" Maybe the funniest thing about complaints like DaveScot's is the smugly triumphant, "aha! gotcha!" tone. Meanwhile, people with any grasp of the basic facts are just snickering and shaking their heads. Dave and FL are just applying the venerable repeat-until-true tactic to the idea that Comer's email forward was some sneaky aberration, the proverbial smoking gun, rather than a routine part of her duties.

Aagcobb · 8 July 2008

Talk about someone having some 'splainin to do! I can hardly wait to see these TEA officials on the stand explaining why a science education official is supposed to be neutral on the issue of teaching creationism in public school science classes! It constantly amazes me how these people manage to forget they are supposed to be pretending that ID is science and doesn't have anything to do with creationism and religion!

JJ · 8 July 2008

From the stories, one might think the e-mail was sent to all 24 million people in Texas. Chris only sent the e-mail to about 8 of us. TEA superiors confronted her within an hour after sending the e-mail. Amazing they have resources of time and money to monitor all the e-mails coming in and going out of the state education agency. Seems like there are more than enough education issues in Texas to deal with, but e-mail monitoring has high priority.

Stanton · 8 July 2008

FL said:

Be gone, liar! Don’t come back until you have an actual argument.

Oh yeahhhhh. Say, don't you want to wait till the actual court decision goes down......? FL :)
Please explain why you think Chris Comer, who was placed in charge of supervising science education in Texas, was justly fired for sending an email concerning a speech by Barbara Forrest concerning science education. Is it because Christ Comer opposed using the Holy Bible as a mandatory science textbook?

Nigel D · 9 July 2008

PvM (replying to a troll) said: You mean Comer was doing her job in promoting science education? You're funny... Of course relying on Davescot arguments is done at one's own risk of looking foolish.
Heh. You call it a risk, I call it a certainty. Tomayto, tomahto...

Nigel D · 9 July 2008

iml8 said:
Rolf said: If a controversy is to be taught and debated, it would seem to be a requirement that all (or both) sides would have to be heard, and neither side should close their ears or oppose the free expression and exchange of opionion - controversial or not.
In DI tactical terms, "teach the controversy" was a scheme by which a package called "critical analysis of evolution" was inserted into the classroom, this package being more than slightly similar to a full course meal of traditional creation science (complete with "Darth Vader was a Darwinist" smear tactics and so on).
I think Rolf meant that if the "teach-the-controversy" shtick is valid, it requires that the science side should also be heard. Of course, we know that it isn't valid, but I think Rolf was just exposing one more illogical turn from the creos.
All such schemes for penetrating public education with the Darwin-basher message amount to is prying the door open a crack so such a package can be inserted. In scientific terms, the actual controversy between evo science and the critics is a contest along the lines of that of Godzilla versus Bambi. ...
Heh. Nice analogy. I reckon Bambi would get the sympathy vote, but you'd have to put your money on the big guy.

Frank J · 9 July 2008

It constantly amazes me how these people manage to forget they are supposed to be pretending that ID is science and doesn’t have anything to do with creationism and religion!

— Aagcobb
The true scam artists, which certainly includes the DI, and key members of the TEA, if not most clueless school boards elsewhere, quietly gave up pretending that ID (including "teach the controversy") are science, starting with the 2005 Dover defeat, and really "sealed it" with the 2008 release of "Expelled." What still confuses people is that a lot of their trained parrots, such as those sycophants who write those comical letters to the editor, are still spreading the sound bites fed to them years ago. That doesn't mean that some of the gurus, like Dembski or Behe, won't still toss out an occasional "ID is science" bone, but when you look closely at their main message lately, including clear admissions by Johnson and Nelson that ID has no science - did I mention "Expelled"? - it's pretty clear they gave up the pretense.

Eric · 9 July 2008

Aagcobb said: It constantly amazes me how these people manage to forget they are supposed to be pretending that ID is science and doesn't have anything to do with creationism and religion!
At heart this is an evangelical movement: religious conversion is the entire point. So eventually even the most deceptive types have to bring in God, because religious conversion - not changing science - is the "end" for which lying is the "means." Also some YECers probably just don't want to and don't agree with pretending.

keith · 9 July 2008

Overturning Texas "employment at will" law that has been defended through their supreme court for a century is very unlikely. Many, many cases are on the books.

Public and private organizations have Acceptable Use Policies that cover all aspects of using their network, internet access, email provisions, etc. Some prohibit personal interest emails, some are more lenient.

How well were employees informed concerning the neutrality issue and perhaps the complaintant specifically?

Other suits in Texas have been brought and litigated concerning the use of school district email facilities to communicate religious messages, content, announcements, etc. and those will be of interest.

Successfuly showing that neutrality is actually endorsement will be a neat trick since neutrality policies are common throughout the public and private policy books across the country.

I suspect The Republic of Texas will prove to be a rather poor choice for a major test case on all the related subjects.

Torbjörn Larsson, OM · 9 July 2008

FL said:

Be gone, liar! Don’t come back until you have an actual argument.

Oh yeahhhhh. Say, don't you want to wait till the actual court decision goes down......?
If you are waiting for the court decision to discuss what can happen in court, it is even more curious why you comment. But at least I see you agree, you don't want an argument.

Frank J · 9 July 2008

At heart this is an evangelical movement: religious conversion is the entire point.

— Eric
While anti-evolution activism in all its forms is a religious idea unsuitable for public school science class, the DI in particular is not very picky about their followers' religions. Even their fellows include at least one Orthodox Jew (Michael Medved) and a self-proclaimed agnostic (David Berlinski). And Behe is a Catholic, which many fundamentalist Christians don't even consider a "true" Christian. Central to the DI's "evangelism" is not so much religion, but a political ideology that IMO is better described as "authoritarian" than conservative.

jasonmitchell · 9 July 2008

JJ said: From the stories, one might think the e-mail was sent to all 24 million people in Texas. Chris only sent the e-mail to about 8 of us. TEA superiors confronted her within an hour after sending the e-mail. Amazing they have resources of time and money to monitor all the e-mails coming in and going out of the state education agency. Seems like there are more than enough education issues in Texas to deal with, but e-mail monitoring has high priority.
makes me wonder what else was going on - it appears that this environment at the TEA was one of conflict between Comer and others, they were looking for something to "nail" her with - IF it can be shown that she was under more scrutiny than others because she didn't share the religious beliefs of her superiors = hostile workplace = harassment = Comer can sue not only the state of Texas but THOSE INDIVIDUALS! - how delicious that (possibly) one action by the TEA both reveals the "neutrality" policy as a wedge to get creationism in to schools AND again puts ID in the legal record as religious (creationism relabeled) - because Comer's (mild) anti-ID action getting her fired (might/ I hope)go down as Religious Discrimination - which of course has nothing to do with "at will" employment

stevaroni · 9 July 2008

Keith finally says something intelligent!!! Other suits in Texas have been brought and litigated concerning the use of school district email facilities to communicate religious messages, content, announcements, etc. and those will be of interest.

Yes, yes they certainly will. Forget Texas supreme court precedents, there are directly applicable US supreme court precedents, many of which are cited in the suit, all of which will eventually have to be addressed, none of which bode well for TEA.

Successfully showing that neutrality is actually endorsement will be a neat trick...

"Neutrality" achieved by requiring a professional science educator, whose job is specifically advocating good science curricula to pretend that a purely religious concept with no supporting evidence whatsoever, is actually a viable alternate explanation for easily observed and documented natural phenomena, is going to be pretty hard position to defend. I point you to Mclean vs Arkansas and the "equal time" farce to start with. Discuss.

Dan · 9 July 2008

keith said: Overturning Texas "employment at will" law that has been defended through their supreme court for a century is very unlikely. Many, many cases are on the books. ... I suspect The Republic of Texas will prove to be a rather poor choice for a major test case on all the related subjects.
From the OP link:
Chris Comer ... has filed suit in Federal District Court.
So the facts that underly keith's "argument" are irrelevant. This is a federal case, not a state case.

FL · 9 July 2008

If you are waiting for the court decision to discuss what can happen in court, it is even more curious why you comment.

All I said was that Chris Comer has got some good big splainin' to do under oath. THAT little confession session is guaranteed to take place on the witness stand, regardless of whether the court ultimately decides in her favor or not. (Hence my previous comment was entirely appropriate, and btw, you were & are false to claim any lying on my part, since what I've said is necessarily true.) FL

chuck · 9 July 2008

FL said: All I said was that Chris Comer has got some good big splainin' to do under oath. THAT little confession session is guaranteed to take place on the witness stand, regardless of whether the court ultimately decides in her favor or not.
In the amazingly narcissistic world of creationist thinking that probably makes sense. Those of us in the reality based world know who the court will really want to hear splainin'

slpage · 9 July 2008

Go play in traffic, mellotron/fl.

Your 'protect YEC cultism at all costs' antic is played out. You are boring and ridiculous.

slpage · 9 July 2008

FL/mellotron vomits:

"Oh yeahhhhh. Say, don’t you want to wait till the actual court decision goes down.…..?"

And you were pretty sure the YEC cultists would win in DOver, too, weren't you?

And you think 'Expelled' is all true all the time, don't you?

gwangung · 9 July 2008

All I said was that Chris Comer has got some good big splainin’ to do under oath.
Take 5 minutes. Tops. Only an idiot would think otherwise. TEA, on the other hand....

Eric · 9 July 2008

FL said: All I said was that Chris Comer has got some good big splainin' to do under oath. THAT little confession session is guaranteed to take place on the witness stand, regardless of whether the court ultimately decides in her favor or not.
Pepare to be disappointed. I'm no lawyer, but I'm guessing the defense attorney is not likely to waste time dwelling on something already in the court record. They may go over it for completeness, but I think you're going to be disappointed if you imagine a 'big splainin' beat-down confrontation. No one in the courtroom is going to gasp in horror and swoon when she admits to sending an email with the message "FYI" from her work account. Or maybe I've misinterpreted your email. Do you think there are other, hidden facts that she's going to confess to on the stand? Or are you really expecting a 'confession session' focused on a fact already agreed to by both parties?

stevaroni · 9 July 2008

All I said was that Chris Comer has got some good big splainin’ to do under oath.

Um, yeah. A a professional science educator, whose job is specifically advocating for good science curricula, is going to have to explain why she doesn't feel a equivalent duty to teach evidentiary vacuous religious ideas as established fact in a science class, where, incidentally, doing so would be specifically illegal. That should be real tough there, sparkey.

Robin · 9 July 2008

keith said: Overturning Texas "employment at will" law that has been defended through their supreme court for a century is very unlikely. Many, many cases are on the books.
Since nobody in this case has even brought up the Employment at Will law, nor has any mention of any attempt to overturn such been made, this is a curious non-sequitur for starting your post.
Public and private organizations have Acceptable Use Policies that cover all aspects of using their network, internet access, email provisions, etc. Some prohibit personal interest emails, some are more lenient.
Funny enough, if you actually read the excuse for firing Comer, you'll note that there is no mention that her email broke USE POLICY. What the boneheads at TEA claim is that she broke the rules governing neutrality on public social issues. Unfortunately, the TEA boneheads didn't consider the fact that the speaker's presentation whom Comer emailed about was directly related to Comer's job responsibilities.
How well were employees informed concerning the neutrality issue and perhaps the complaintant specifically?
I have no idea what you mean here given the content of the suit.
Other suits in Texas have been brought and litigated concerning the use of school district email facilities to communicate religious messages, content, announcements, etc. and those will be of interest.
True dat! I can't wait to hear the arguments against sending emails that pertain to a person's job responsibilities...
Successfuly showing that neutrality is actually endorsement will be a neat trick since neutrality policies are common throughout the public and private policy books across the country.
Fortunately the courts have already shown that there is no such thing as neutrality on subjects that are unconstitutional.
I suspect The Republic of Texas will prove to be a rather poor choice for a major test case on all the related subjects.
Likely true, fortunately for those who support science education and dismiss things like ID pseudoscience.

Frank J · 9 July 2008

Speaking of "splainin" under oath, I beg Comer's lawyers to pleeease do what Pedro Irigonegaray did at the Kansas Kangaroo Court, i.e. ask every TEA witness to state clearly their views on the age of the Earth (actually I prefer the age of life) and common descent. And if possible, please get Don "big tent" McLeroy to squirm with the rest of them.

raven · 9 July 2008

Employment At Will isn't the issue here at all.

At Will does not allow employers to discriminate against people on the basis of religion or a lot of other criteria. You can't just fire the white people or the Catholics because they are minorities.

It also doesn't allow anyone to violate the US constitution separation of church and state. The public schools are financed by everyone for everyone's kids. They aren't playgrounds for fundie indoctrination.

Eric · 9 July 2008

Ah, I'm sorry Frank, my post was unclear. I was using evangelism in its generic sense (zealously spreading the gospel), not referring to any specific denomination. Though I do disagree with your point that it's more political than religous. In the words of the wedge document: "Design theory promises to reverse the stifling dominance of the materialist worldview, and to replace it with a science consonant with Christian and theistic convictions." Its Christian convictions they're aiming for, not political power. IMO the use of nonchristians in the movement is simply a combination of marketing strategy and 'enemy of my enemy' thinking.
Frank J said:

At heart this is an evangelical movement: religious conversion is the entire point.

— Eric
While anti-evolution activism in all its forms is a religious idea unsuitable for public school science class, the DI in particular is not very picky about their followers' religions. Even their fellows include at least one Orthodox Jew (Michael Medved) and a self-proclaimed agnostic (David Berlinski). And Behe is a Catholic, which many fundamentalist Christians don't even consider a "true" Christian. Central to the DI's "evangelism" is not so much religion, but a political ideology that IMO is better described as "authoritarian" than conservative.

raven · 9 July 2008

Even their fellows include at least one Orthodox Jew (Michael Medved) and a self-proclaimed agnostic (David Berlinski).
The salient point of Medved and Berlinski isn't that they are Jewish. It is that they are kooks. Berlinski claims to be an agnostic. So if it isn't goddidit and it isn't evolutiondidit, then whodidit? Even the UFO aliens fails. Who made the aliens? Just puts the question back a step or two.

Shebardigan · 9 July 2008

Eric said: Though I do disagree with your point that it's more political than religous. ... Its Christian convictions they're aiming for, not political power.
Those who are not of a theocratically-inclined mindset need to recognise that, for those that are, the political/religious distinction may be small enough to be nonexistent. If the central objective is propagation of the faith and the corresponding regulation of behavior, then acquiring control of the apparatus of the State (as a certain group of religious leaders were able to do during and after the reign of Constantine) is part of the exercise of faith.

keith · 9 July 2008

Greetings to the Neo-Nazi cult members,

Federal courts have to deal with certain elements of states rights and they are quite reticent to overturn employment law and practice of long establishment.

The burden in a narrow application such as neutrality is quite high and unlikely to be friendly to this suit.

Since the State has not published it's response to the suit and it is known that multiple issues were involved in the decision to move from suspension to dismissal it will be quite certain Comer's entire record will be on display...we'll see.

I suspect that the State will be able to afford a more than adequate legal team to defend their position.

It is a testimony to the Yoko Ono lawyers herein that they have a dead certain case before they have even read the defendant's filing.

If you think state case law and precedent have no bearing in federal suits you are even dumber than your frozen walnut IQ's previously demonstrated.

Before you conquer the universe in behalf of Beelzebub you might hold off until the response is filed.

Frank J · 9 July 2008

Its Christian convictions they’re aiming for, not political power.

— Eric
Well, I don't think they'd like it if most of their fans converted to Islam, if that's what you mean. But that's so unlikely that they're very comfortable taking the risk. But I would bet that, of two other unlikely "mass conversions," they'd much prefer a nation of Orthodox Jews to one of non-fundamentalist Christians. I too am using "politics" in the more general sense of ideology. From my vantage point as an independent generic theist, all organized religion, and especially fundamentalism, is "politics first." Besides, they reject one of the key (Judeo-)Christian convictions: "thou shalt not bear false witness."

stevaroni · 9 July 2008

keith sez... Greetings to the Neo-Nazi cult members...

Um, so do I put down 12:24 PM as the point where, in yet another post, you're officially out of any points whatsoever around which to build arguments and have to resort to ad-hominems because that all you've got left?

Marilyn · 9 July 2008

keith said: Before you conquer the universe in behalf of Beelzebub you might hold off until the response is filed.
Geez, Keith, who here is trying to conquer the universe on your behalf?

keith · 9 July 2008

Steveboy,

As usual your reading comprehension skills have have blocked any dialogue...at about 12:36.

It will be a lot of fun to parade the views of the NCSE and their host organization in Austin before the emtire American public and then claim her job was to publically promote those views as responsible under published neutrality policies.

I think the opening up of the host group and the NCSE will be most illuminating to the public.

I eagerly await the filing from the State Attorney General's Office in due course.

See in America the process is called adversarial because both sides get to file and argue their position by quite competent lawyers.

PvM · 9 July 2008

keith said: Greetings to the Neo-Nazi cult members,
Our foolish Christian friend is still going through his 'anger' stage.
Before you conquer the universe in behalf of Beelzebub you might hold off until the response is filed.
Now who is using ad hominems, name calling and other foolishness to undermine Christianity? Think about it my dear confused Christian friend.

PvM · 9 July 2008

keith said: See in America the process is called adversarial because both sides get to file and argue their position by quite competent lawyers.
Remember Dover... Competency is no guarantee when given a trail of deceit...

phantomreader42 · 9 July 2008

stevaroni said:

keith sez... Greetings to the Neo-Nazi cult members...

Um, so do I put down 12:24 PM as the point where, in yet another post, you're officially out of any points whatsoever around which to build arguments and have to resort to ad-hominems because that all you've got left?
No, in order for him to run out of points, there would have to be a time when he actually HAD a point. Keith is just a deranged sociopathic troll Lying For Jesus™. He's never had anything worth saying in his entire life. Just preaching the Big Lie.

TomS · 9 July 2008

Speaking of what one wishes for from the lawyers, I am concerned whether there will be anyone representing the students of Texas.

phantomreader42 · 9 July 2008

stevaroni said:

keith sez... Greetings to the Neo-Nazi cult members...

Um, so do I put down 12:24 PM as the point where, in yet another post, you're officially out of any points whatsoever around which to build arguments and have to resort to ad-hominems because that all you've got left?
No, in order for him to run out of points, there would have to be a time when he actually HAD a point. Keith is just a deranged sociopathic troll Lying For Jesus™. He's never had anything worth saying in his entire life. Just preaching the Big Lie.

Cheryl Shepherd-Adams · 9 July 2008

JJ said: From the stories, one might think the e-mail was sent to all 24 million people in Texas. Chris only sent the e-mail to about 8 of us. TEA superiors confronted her within an hour after sending the e-mail. Amazing they have resources of time and money to monitor all the e-mails coming in and going out of the state education agency. Seems like there are more than enough education issues in Texas to deal with, but e-mail monitoring has high priority.
JJ, how many messages did you receive on the TEA email system exhorting you to forward the message to 10 people if you love Jesus? Just curious . . .

raven · 9 July 2008

JJ, how many messages did you receive on the TEA email system exhorting you to forward the message to 10 people if you love Jesus? Just curious …
It is called godspam. Want some? Just click on creationist websites and you will get it forever. I don't even visit them anymore.

TomS · 9 July 2008

Speaking of what one hopes for from the lawyers, I mostly hope that someone is going to speak for the students of the state of Texas.

stevaroni · 9 July 2008

I eagerly await the filing from the State Attorney General’s Office in due course.

Actually, so do I. It's going to be really interesting to see how the Governor Perry's administration, whose major governing technique seems to be exquisitely honed pandering, plays this one. On the one hand, this seems like a natural bone to throw to the evangelical base - on the other, Texas (especially Austin) is struggling mightily to be taken seriously as a high-tech destination and not just a state full of goobers, and once this breaks loose in court, it will be very embarrassing. On the one hand, there are angry Christian votes on the line, on the other, a lot of tech money, both gods that the Perry administration serves. Texas has noisy, politically active, Evangelical congregations that live for this kind of fight, but, believe it or not, they are actually not the majority. It also has a much larger reservoir of normal, rational, educated people that pay the bulk of suburban school taxes and are already up in arms over a shabby and rapidly declining public school system. This is going to play poorly with them, and if they get upset en mass it will be a problem. And if the evangelicals jump on this like a pit bull on a porkchop, Perry will be forced to actually articulate his position - something he rabidly avoids any way he can.

GuyeFaux · 9 July 2008

Question: Surely a state whose primary income is derived from the business of extracting the subtarranean liquid remains of millions y.o. biomatter would not flinch at the teaching of evolution and the age of the Earth?

I mean for God's sake it's like the only state where a geologist can earn a decent living.

raven · 9 July 2008

wikipedia: In 2000, The religious demographics of Texas were:[70] Evangelical Protestant – 24.4% Mainline Protestant – 8.1% Orthodox – 0.1% Roman Catholic – 21.0% Hindu,Sikhs,Buddhists,Muslim,others; 2.0% Unclaimed – 44.5% The largest single denominations by number of adherents in 2000 were the Roman Catholic Church 4,368,969, the Southern Baptist Convention 3,519,459 and the United Methodist Church 1,022,342.[70] Also, there are approximately 400,000 Muslims in Texas.[71]
What I thought. There are a lot of Catholics in Texas. The Catholic church gave up persecuting scientists after Galileo. AKA the church of the antichrist by fundies. The largest religious affiliation is "unclaimed" whatever that means. Looks like the perfect setup for some good old fashioned sectarian warfare.

Wolfhound · 9 July 2008

Seriously, why hasn't this asshat been banished to the Bathroom Wall yet? All of his frothing has schmootzed up my monitor.
PvM said:
keith said: Greetings to the Neo-Nazi cult members,
Our foolish Christian friend is still going through his 'anger' stage.
Before you conquer the universe in behalf of Beelzebub you might hold off until the response is filed.
Now who is using ad hominems, name calling and other foolishness to undermine Christianity? Think about it my dear confused Christian friend.

Robin · 9 July 2008

keith said: Greetings to the Neo-Nazi cult members,
...must have written this to a different group then forwarded it to us since neo-Nazis are definitely not pro-science or pro-education. [rolls eyes]
Federal courts have to deal with certain elements of states rights and they are quite reticent to overturn employment law and practice of long establishment.
Seems you missed the previous few posts that noted that this case is not dealing with overturning employment law...
The burden in a narrow application such as neutrality is quite high and unlikely to be friendly to this suit.
While the former may well be the case, as pointed out many times previously a group cannot claim neutrality wrt an unconstitutional practice, Keith. You are correct though that the issue of neutrality will be unfriendly to this suit - that is, unfriendly to the defendants of this suit. Oh wait...
Since the State has not published it's response to the suit and it is known that multiple issues were involved in the decision to move from suspension to dismissal it will be quite certain Comer's entire record will be on display...we'll see.
Not likely since the State's complaint and firing of Comer was quite specific and dealt ONLY with the issue of Forrester's lecture.
I suspect that the State will be able to afford a more than adequate legal team to defend their position.
Ooo yeah! Maybe they'll get the crack team from the Thomas Moore Law Center. [grin]
It is a testimony to the Yoko Ono lawyers herein that they have a dead certain case before they have even read the defendant's filing.
...and testimony to the Dover lawyers herein. Oops.
If you think state case law and precedent have no bearing in federal suits you are even dumber than your frozen walnut IQ's previously demonstrated.
You apparently missed the point AGAIN. This is a FEDERAL case, thus your wingnut claim about Employment At Will being an issue is quite moot. There is no claim of such in the suit, Keith, thus it is a non-issue with regards to the REASON already given for why Comer was fired. Apparently you are confused on the point that At Will doesn't mean you can fire someone for doing their job.
Before you conquer the universe in behalf of Beelzebub you might hold off until the response is filed.
LOL! Your fantasies are truly hilarious, Keith.

stevaroni · 9 July 2008

Question: Surely a state whose primary income is derived from the business of extracting the subtarranean liquid remains of millions y.o. biomatter would not flinch at the teaching of evolution and the age of the Earth?

Welcome to Planet Texas. Actually, in all seriousness, most Texans are pretty rational people with a reasonably well tuned bullshit detector. The problem is that A) we have jobs and lives, so we don't have limitless time for politics, (that is, after all, why we elect politicians - to make things run so we can get on with our stuff) and B) we're reasonably polite; polite enough, at least, to try to avoid starting a fight, (after all, some 6% of the population is regularly armed) there's a real "you take care of your business, I'll take care of mine" live-and-let live ethos. This makes for a fairly quiet - some would say compliant - majority. And then, of course, we have the total nutbag super Evangelical bloc. Seriously. Only in Texas could we have churches whose official motto is "God Hates Fags". These people live for a good fight, because they're doin' Gods work. They have the disproportionate amount of energy and sense of mission to do things like run for a place on the local school board, a job that - lets face it - nobody but a professional educator or someone who really wanted to control the curriculum would pursue. They are also the squeaky wheel that gets the attention of the politicians, and they will likely squeal mightily over this one. And our governor is the grand master of squeaky wheel greasing, but he's not exactly what you would call a "man of conviction", and I'm sure he's really just like it to all go away. So, like I said, I'm really, really curious to see how this turns out. It's going to be the politically expedient versus the politically embarrassing, and I expect Perry's office to do anything possible to try to avoid even touching it, amid hue and cry from the creobots that he do something to stop the "persecution". I don't know if we'll actually get good science out of it when we're done, but it will certainly be an entertaining show as the politicians perform acrobatic feats of triangulation that would make the Olympic gymnasts proud.

Eric · 9 July 2008

keith said: I think the opening up of the host group and the NCSE will be most illuminating to the public.
Yes, but maybe not in the way you envision (i.e. favorable to the defense). Remember that the pro-ID law team in Dover tried to *prevent* Forrest's research from getting in the record. You seem to be advocating that TEA's lawyers hold the door open for her to explain her position.
I eagerly await the filing from the State Attorney General's Office in due course.
So do I. Until then we are all hypothesizing about what the defense will do. I'm sure PT will post it, giving you another chance to hurl epithets at us without provocation.

Paul Burnett · 9 July 2008

keith said: I suspect that the State will be able to afford a more than adequate legal team to defend their position.
I wonder if the Thomas More Law Center (the Dover losers, lawfirm-wise) will be there to help? Maybe the Dishonesty Institute will send their lawyer, Casey Luskin. I would love to see him on the stand...

Olorin · 9 July 2008

Well huh. All this talk about Comer’s chances of winning, and nobody asks about her attorneys. Remember Robert Frost’s dictum that “A jury consists of twelve persons chosen to decide who has the better lawyer."

Patton, Boggs, LLP hangs out in Washington DC. They are a large, nationally known, multi-location, multi-practice firm that deals extensively in government relations and in employment law. Judith Bagley is a partner at the Dallas office; she is the required locally-admitted attorney, and might not have a major role in this suit. The big guns are listed on the right-hand side of the complaint; they have been admitted pro hac vice—that is, for purposes of this case. They all live at the head office in DC..

Douglas Mishkin co-chairs the firm’s employment-law practice area. He has 28 years experience, regularly appearing in Federal EEOC proceedings, and before state and local human-rights agencies. (He had headed President Clinton’s transition team for the EEOC.) He’s represented parties on both sides of the fence in employment disputes. This is valuable, because it gives experience in an opponent’s tactics.

John Oberstar has chaired the firm’s litigation department. His 30 years’ experience focuses on Federal and Constitutional law. He is an the firm’s Executive Committee.

Pamela Richardson is an associate with 5 years’ experience. She specializes in employment law and counseling, and acquired substantial litigation background while representing New York City in employment discrimination and EEO matters. Here again, experience representing employers can redound to the benefit of Ms. Comer in dealing with a large and sophisticated opponent.

I’d expect that at least part of Patton Boggs work will be pro bono, since the plaintiff is not seeking a large monetary award. (WIBNI the TEA does get socked with huge damages, though!) The answer has apparently not yet been filed, so we don’t know who their attorneys are; I’d expect a large Texas firm, rather than a national one. (Certainly less inept than the Thomas More Law Center in the Kitzmiller case, however.)

This case could be very important in influencing the TEA’s selection of textbooks. And thereby the national quality of books, since Texas is the largest single buyer of school texts. It is not a slam dunk, however, that a favorable ruling would decide the issue of whether creationism is “science”. The TEA will certainly seek to duck this issue if they can—possibly even if it means losing the case on other grounds. Also, the plaintiff can’t count on being able to call in the scientists to defend evolution. The decision in Aguillard actually did not include any scientists’ testimony; the Supreme Court sort of assumed on their own hook that creationism is not science; their decision was based upon other prongs of the Lemon test. This case might be tougher to fight, but ultimately more influential, than a suit in Louisiana against Bobby’s Folly.

So it will be interesting from several perspectives to see how this case unfolds.

Marion Delgado · 9 July 2008

That'll be just about enough out of you, Robin!

The so-called Nazis (actually, the NSDAP) were very much pro-science. They simply insisted on sound science, not the junk science and hand-holding pandering of liberal degenerates.

It was NSDAP Germany that established the boundaries of human subtypes.

It was Reich science that established that, far from being on the surface of a hollow Earth, we were in fact inside one!

It was Germany's cosmologists and astrophysicists that determined the nonexistence of so-called "space" and replaced it decisively with an unending block of ice.

NSDAP discoveries included recovering the lost technology of Thule and the Vrill, leading to a general science Renaissance that we have depended on up to the present time. It took Reich astronomers to sort the dross from the grain of so-called astrology.

Undoubtedly, your coven of anti-true-science witches welcomed the Expelling of sound science after the Communist-Roosevelt axis "won" the "war." Maybe a few of us WANT cars that run on vitamin pills and water. Ever consider that?

jasonmitchell · 9 July 2008

sounds like a 'cracker jack' team for Comer

Paul Burnett · 9 July 2008

Marion Delgado hallucinated: It took Reich astronomers to sort the dross from the grain of so-called astrology.
One of the better mis-quotes of Luke 3:17 I've seen. Chaff is to grain as dross is to metal. Grain doesn't have dross and metal doesn't have chaff. Meanwhile back to Chris Comer...

jay boilswater · 9 July 2008

Metal has 'swarf' LOL!
Quick Robin, to the bat belfry!!

chuck · 9 July 2008

I'm going to go out on a limb and bet that Texas settles*, and she gets her job back.

* If she'll let them ;)

PvM · 9 July 2008

Remember that this is not as much a request for trial as it is for declaratory judgment and an injunction.

tomh · 9 July 2008

chuck said: I'm going to go out on a limb and bet that Texas settles*, and she gets her job back. * If she'll let them ;)
Why would they? If they get lucky with the judge pick they could win across the board. Not all federal judges, especially in Texas, are rational and sensible, like Judge Jones for instance, some are Scalia-type idealogues. And if it goes to the federal Court of Appeals, anything can happen.

FL · 9 July 2008

And you think ‘Expelled’ is all true all the time, don’t you?

It is, btw. But, to keep things topical, some of you thought that Yoko Ono's lawsuit against "Expelled" was gonna be a lock. "Prison time" for the producers, even. But in the end, it didn't pan out that way, right? Well, now Chris Comer's has filed HER lawsuit too, (after first doing her dirt as a two-bit shill for the materialist-religion "Austin Center for Inquiry" and getting her biased no-count fanny fired for mis-using a STATE email account to satisfy her little private shill fetish), and some of you think that SHE is going to win in oourt just like you thought Yoko Ono would win in oourt. Well, I've given no predictions on how this court case will turn. And still won't, though most pro-science people would naturally hope that she loses like Ono did. But at least Comer WILL have to do some good hard splainin' to do on the witness box; she ain't getting outta that obligation!! FL :)

Marion Delgado · 9 July 2008

It may be early days to look at this, since there could be either a settlement or a very decisive ruling one way or another, but as far as I know, the Court of Appeals for the Fifth Circuit handles Texas, and here is the US Govt. site that has judge biographies for the 5th C.:

http://www.lb5.uscourts.gov/judgebio/FifthCircuit/

And here is news and opinions of the 5th circuit:

http://www.ca5.uscourts.gov/

Shrike · 9 July 2008

keith said: It will be a lot of fun to parade the views of the NCSE and their host organization in Austin before the emtire American public and then claim her job was to publically promote those views as responsible under published neutrality policies. I think the opening up of the host group and the NCSE will be most illuminating to the public.
Yes, wait until the general public finds out that the NCSE supports (*gasp!*) science education (cue creepy theremin music)

keith · 9 July 2008

I see PvM, Pee Wee Myers Christian Bulldog, is still leveling his apostolic criticism...no confusion over where he stands.

Employment at will means "absolutely no reason has to be given for dismissing someone" and I suspect no one here knows what the terms of her resignation were, what severance was involved, what she agree to in receiving it, etc.

No firm is required to or does list in any correspondence all its reasons for a dismissal prior to litigation.

A dismissal hardly limits what a defense can include in its filing...it's the original filing that matters and all the deliberations and actions leading up to the decision.

Do you suppose that the entire process might have been reviewed by counsel, outside counsel, consulting opinion counsels before any action was taken on the dismissal of a senior official?

Do you suppose their policy of neutrality was also reviewed before implementation, as above?

What do you think people were doing during the 30-40 days between her probation and dismissal?

What's really pitiable is that your pseudoscience cannot stand on its on merits, but must be lawyered to gain acceptance.

As I recall Texaco had a big time eastern team also until Jamial and Pennzoil kicked their butt for 3 bbl.

Observer · 9 July 2008

The law singles out creationism as something that may not be taught.
This statement is only true when applied to GOVERNMENT schools. There are many excellent academies, colleges, and universities in the United States where one can enjoy the freedom to teach and explore all ideas and concepts. In these halls all conclusions drawn from scientific discoveries may be explored. More and more parents and students are taking advantage of these institutions.

Dan · 9 July 2008

FL said: [Chris Comer got] her biased no-count fanny fired for mis-using a STATE email account
It has been pointed out numerous times that Ms. Comer was forced to resign for allegedly violating the TEA "neutrality" policy. Your claim that she was fired for misuse of a state computer mail account is pure fabrication. How can anyone expect your analysis to be insightful when you have such a shaky grasp of the simplest case facts?

Science Avenger · 9 July 2008

keith said: What's really pitiable is that your pseudoscience cannot stand on its on merits, but must be lawyered to gain acceptance.
The scientific merits do just fine for the vast majority of the educated, intelligent, sane segments of society. The hayseeds who think tomato is a vegetable, and the nutcases who think the Grand Canyon was formed by a big waterfall make the lawyers necessary.

harold · 9 July 2008

But at least Comer WILL have to do some good hard splainin’ to do on the witness box; she ain’t getting outta that obligation!!
Look, FL, you've repeated that phrase about 100 times now, even though you were asked politely to stop insulting Texans by using "movie cowboy English" just because the case is in Texas. Are you having a seizure? Did you make it up or did you get it from a wingnut web site? What do you think she's going to have to explain? Please be specific. I'm guessing you don't just mean she'll have to 'splain' what the Barbara Forrest talk was about or why she sent the email. But why don't you do some 'splainin'? What are you talking about? Specifically? Also, of course...the Yoko Ono lawsuit had nothing to do with ID. It had to do with whether or not anyone can use a John Lennon song, in any kind of movie, without paying her. It had to do with the circumstances under which well known works in popular culture can be used without payment of royalties. That case had nothing to do with this case.

Frank B · 9 July 2008

fired for mis-using a STATE email account to satisfy her little private shill fetish
I don't know why you keep trying FL. Where does it say, either in Comers firing or the suit, anything about mis-use of email accounts? Come on FL, where? Both sides say it is the neutrality policy. I assume you can read, FL. Since forwarding such email is a part of her job, her bosses couldn't jump on her for that. Your little jabs are fruitless when you get basic facts wrong. Oh, and I am still waiting for your biblical perspective on few kinds becoming many. How about the biblical perspective on how Judas died. Did he hang himself or fall down and split open? Come on, I am waiting FL.

keith · 9 July 2008

Gee when you look at the letter of resignation that Chris wrote and signed and was posted, countersigned as accepted , etc. one wonders where the word fired comes in.

Do you think this letter might be introduced to illustrate her decision to resign. She could have waited to be fired but she didn't.

Why do you suppose she did that...maybe severance, maybe retirement vesting, extended leave, etc.

She even thanked the agency for permitting her to have the job in the first place.

She wasn't forced to resign she chose to resign in order to receive certain benefits so far undisclosed.

In the court system the game of...can I take that back..doesn't play out very well.

Mike Elzinga · 9 July 2008

PvM said: Remember that this is not as much a request for trial as it is for declaratory judgment and an injunction.
Whether or not she wins, one thing is already perfectly clear; this stunt pulled by her boss is what will happen repeatedly if ID/Creationists get control of the schools or any other of our secular institutions. That should wake a few people up.

Science Avenger · 9 July 2008

There are many excellent academies, colleges, and universities in the United States where one can enjoy the freedom to teach and explore all ideas and concepts. In these halls all conclusions drawn from scientific discoveries may be explored.
Bullshit. Every institution limits the scope of subjects taught there. The only difference is the standard used. Some choose science, some favor an arbitrarily declared holy book. It's no coincidence that few of the latter come to the tips of tongues when discussions of the most excellent academies, colleges, and universities in the United States occur.
More and more parents and students are taking advantage of these institutions.
More and more parents resent the idea of their children knowing more than they do.

Science Avenger · 9 July 2008

Sorry, the education self-edited. That was supposed to read:

"The hayseeds who think KETCHUP is a vegetable"

blame Roy Zimmerman. Thanks, I'll be here all week.

Lee H · 9 July 2008

I can't help but wonder (hope) if the timing of this lawsuit has an effect on the upcoming review of the state science standards for biology. By keeping this issue in the spotlight, it makes it much harder for McElroy and his ilk to try to slip changes into the standards under the radar that would weaken evolution education and/or open up back doors for pseudoscience.

Olorin · 9 July 2008

Keith asserts his lawyerly opinion that “employment at will means ‘absolutely no reason has to be given for dismissing someone’.” That may be true for employment at will, but Chris Comers had a civil-service job that has more rights. But, even in industry, there are reasons that defeat “at will,” Such as harassment or discrimination,

Note that TEA tried a CYA, by mentioning other reasons for the termination. This is a tactic that every manager knows by heart, so we can’t tell whether or not anyone else in HR or legal reviewed the decision. I’m doubtful that outside counsel was involved. I don’t think TEA considered it all that seriously at the time. She’s really not a “senior official,” Keith.

“Do you suppose their policy of neutrality was also reviewed before implementation, as above?” Doubtful. TEA has always been a political animal, and legal considerations are not prominent. Cf. the Kansas State Board standards donnybrook in 2005.

“What’s really pitiable is that your pseudoscience cannot stand on its on merits, but must be lawyered to gain acceptance.” And it wins every time. Do you have any idea why? Court is the one place where ID creationists are forced to tell the truth and to answer questions directly. Although Lord knows they tried not to at Dover. The testimony of every one of the defenses’ witnesses in Kitzmiller was dishonest—evasions, distortions, misleading, outright lies. That trial took “lying for Jesus” to a new high. As to the merits: “Moreover, ID’s backers have sought to avoid the scientific scrutiny which we have now determined that it cannot withstand by advocating that the controversy, but not ID itself, should be taught in science class. This tactic is at best disingenuous, and at worst a canard.”

D P Robin · 9 July 2008

Observer said:
The law singles out creationism as something that may not be taught.
This statement is only true when applied to GOVERNMENT schools. There are many excellent academies, colleges, and universities in the United States where one can enjoy the freedom to teach and explore all ideas and concepts. In these halls all conclusions drawn from scientific discoveries may be explored. More and more parents and students are taking advantage of these institutions.
True, and this case will be about public schools in Texas. The above is a BGO--Blinding Glimpse of the Obvious. Sadly, the rest of the statement is true--private schools are used as much to shield theri students from the "wrong ideas" as from the "wrong people" dpr

ndt · 9 July 2008

Peter Henderson said: What is fair employment law like in Texas ?
It's basically a joke even by US standards.

Karen S · 9 July 2008

“The hayseeds who think KETCHUP/tomato is a vegetable”

Actually the tomato is botanically a fruit. But don't worry; in Ben Stein's classroom of the future, where there are no wrong answers, we can call it anything we want.

raven · 9 July 2008

The law singles out creationism as something that may not be taught.
That isn't even remotely true. The law known as the US constitution merely says that religious mythology may not be taught as fact in science classes to kids. Which leaves sunday school where it belongs, private schools, the parks, the internet, TV, radio, cereal boxes, junk mail and so on. And it isn't just Death Cult fundie creationism. Religious indoctrination whether it is fundie, xian, islamic, buddhist, scientology etc. covering any subjects. Pretty twisted version of xianity that makes lying mandatory.

raven · 9 July 2008

There are many excellent academies, colleges, and universities in the United States where one can enjoy the freedom to teach and explore all ideas and concepts. In these halls all conclusions drawn from scientific discoveries may be explored.
Half true. There are a man xian colleges such as Bob Jones, Liberty, Oral Roberts, Cedar Rapids, etc..that are creo only and they would EXPELL any known reality acceptors. But they are decidely fourth rate at best. There are also as many or more Xian colleges and universities that teach evolution. Notre Dame, BYU, Baylor, Calvin, SMU, Texas Xian, most of the Lutheran colleges, and so on. They range from Catholic, Mormon, Baptist!, and other evangelical denominations. Apparently they assume often enough at the university level that if you haven't been brainwashed yet you can be allowed to think. Especially since higher ed. these days is ridiculously expensive.

Paul Burnett · 9 July 2008

"Observer" said: More and more parents and students are taking advantage of these institutions (private "schools" that teach creationism).
...some of which are busily producing mind-wiped cannon fodder for the radical right-wingnut religious rebellion-to-come. At least public servants like Chris Comer are (were) trying to prevent the public schools from promoting creationist ignorance for their students.

Flint · 9 July 2008

I was under the impression that there was no perfect escape from the Official State Curriculum. I know that home-schooled kids must still show that they have covered the mandated materials, and must pass standardized tests covering them. I think the same is true of private schools and parochial schools.

In other words, they can (and do) preach at you all day long and preface their textbooks with disclaimers that where scripture and reality conflict, reality is wrong. BUT, you are not granted an approved diploma without having satisfied the State that you are competent in State-selected and approved materials.

Does anyone have firsthand experience that this isn't the case in Texas?

Lee H · 9 July 2008

Flint said: I was under the impression that there was no perfect escape from the Official State Curriculum. I know that home-schooled kids must still show that they have covered the mandated materials, and must pass standardized tests covering them. I think the same is true of private schools and parochial schools. In other words, they can (and do) preach at you all day long and preface their textbooks with disclaimers that where scripture and reality conflict, reality is wrong. BUT, you are not granted an approved diploma without having satisfied the State that you are competent in State-selected and approved materials. Does anyone have firsthand experience that this isn't the case in Texas?
According to this information from the TEA website ( http://www.tea.state.tx.us/home.school/homeltr.html ), home schoolers are essentially treated as unaccredited private schools. The state does not award diplomas, local school districts do (and must meet the state guidelines to do so), but there is no state-approved diploma for home schooled students in Texas.

Eric · 9 July 2008

FL said: (after first doing her dirt as a two-bit shill for the materialist-religion "Austin Center for Inquiry" and getting her biased no-count fanny fired for mis-using a STATE email account to satisfy her little private shill fetish)
LOL. "OMG, someone forwarded a talk announcement for Barbara Forrest and wrote 'FYI' on it! 'FYI' means they hate Christians! Burn them! Buuurrrrrn themmmm!" Hyperbole like that makes it hard to take your position seriously.
Keith said: Employment at will means “absolutely no reason has to be given for dismissing someone”
Another LOL. So Keith, Atheist managers in at-will organizations are free to fire people for being Christian then, right? I don't think so. If TEA had given no reason, they might now be in a stronger position. Once TEA gives a reason, that reason can be disputed.

stevaroni · 9 July 2008

"Observer" ovserves... This statement is only true when applied to GOVERNMENT schools. ... some stuff ... In these (other) halls all conclusions drawn from scientific discoveries may be explored.

Um, as the laws are written at this very moment, any "conclusions drawn from scientific discoveries" may be explored any school in all the land. So sayeth the Lemon Test, an aptly named legal doctrine if ever there was one. It bears repeating; if there actually was any evidentiary basis behind creation - any basis at all - it would be perfectly legal to teach it in public schools right now, whether it had a religious implication or not. But, of course, creation has no such factual basis at all, therefore it is just religion, and that's why you can't teach it in public schools.

Stacy S. · 9 July 2008

raven said:
JJ, how many messages did you receive on the TEA email system exhorting you to forward the message to 10 people if you love Jesus? Just curious …
It is called godspam. Want some? Just click on creationist websites and you will get it forever. I don't even visit them anymore.
"God Spam"-snicker! :-)

stevaroni · 9 July 2008

Paul B writes... The answer has apparently not yet been filed, so we don’t know who their (TEA's) attorneys are; I’d expect a large Texas firm, rather than a national one.

I wonder if there's really going to be much enthusiasm in the Texas AG's office to vigorously defend this? The Attorney General is an executive branch office, and the executive branch would probably just as soon have this go away before they have to publicly take sides. This governor is a master at the power pander, but there's no way to take a position on this without some important constituent group (fundies or tech boosters) getting pissed off. It doesn't help that TEA was just plain pig stupid in the way they went about the whole deal.

keith · 9 July 2008

Isn't it interesting that the suit does not demand a jury trial by her peers on the matter, but rather a declaratory judgement under the claim that is no need for a tryer of fact, no dispute over the facts concerning her several violations of policy and conditions of employment as listed in the attachments.

The claim is that it is a matter of black letter law and has no facts to be argued before a jury.

Fat Chance!!

The State can easily respond and file its own request for summary judgement.

But if it should be litigated it will be a jury trial I'm betting as there are plenty of facts in question.

Flint · 9 July 2008

It doesn’t help that TEA was just plain pig stupid in the way they went about the whole deal.

This is Lenny Flank's Law, I recall. Creationists ALWAYS shoot themselves in the foot, because that's inherent in the pathology of being a creationist.

Flint · 9 July 2008

But if it should be litigated it will be a jury trial I’m betting as there are plenty of facts in question.

Sure there are plenty of facts. The claim is that neither side has any disagreements about any of those facts. As an example, there are test cases where it's not clear whether a given action is or is not illegal, because the law is either contradictory or ambiguous. So someone arranges to do that action and get arrested. This doesn't go to a jury trial, because juries are trying to determine the facts and there is no dispute. The question is only whether or not the action is illegal. You will notice that no disagreement about the facts has even been suggested. Everyone agrees exactly who did what. Now, was anyone's behavior illegal or administratively improper?

PvM · 9 July 2008

keith said: The State can easily respond and file its own request for summary judgement. But if it should be litigated it will be a jury trial I'm betting as there are plenty of facts in question.
That of course is yet to be determined. And of course, the plaintifs get to chose their kind of trial and can ask for a non jury trial. Surprise...

PvM · 9 July 2008

Seems that Keith had not even noticed these details until I pointed them out to him. Probably he was too busy namecalling....?
keith said: Isn't it interesting that the suit does not demand a jury trial by her peers on the matter, but rather a declaratory judgement under the claim that is no need for a tryer of fact, no dispute over the facts concerning her several violations of policy and conditions of employment as listed in the attachments.

Science Avenger · 9 July 2008

PvM said: Seems that Keith had not even noticed these details until I pointed them out to him. Probably he was too busy namecalling....?
Denialists never get the facts themselves. That's the job of the scientists. It's the denialists' jobs to tell us what the facts mean.

PvM · 9 July 2008

keith said: She wasn't forced to resign she chose to resign in order to receive certain benefits so far undisclosed.
She was given the choice to be fired or to resign, she chose the latter as would so many reasonable people. Of course that does not mean that the actions of the agency were justified. A rape victim who decides to remain quiet out of shame is still a victim of a crime.

Stanton · 10 July 2008

Science Avenger said:
PvM said: Seems that Keith had not even noticed these details until I pointed them out to him. Probably he was too busy namecalling....?
Denialists never get the facts themselves. That's the job of the scientists. It's the denialists' jobs to tell us what the facts mean.
Actually, isn't it the job of denialists to tell us what they think the facts mean, even though the facts don't necessarily mesh with what we're told?

Torbjörn larsson, OM · 10 July 2008

FL said:

If you are waiting for the court decision to discuss what can happen in court, it is even more curious why you comment.

All I said was that Chris Comer has got some good big splainin' to do under oath. THAT little confession session is guaranteed to take place on the witness stand, regardless of whether the court ultimately decides in her favor or not. (Hence my previous comment was entirely appropriate, and btw, you were & are false to claim any lying on my part, since what I've said is necessarily true.) FL
That wasn't all you said, you also based your claim by repeating one of DaveScot's lies, easily checked against the lawsuit. Hence you were lying. And now you are doing it again. Perhaps you could have claimed lazy ignorance last time, but it has a really tenous support. Creationists routinely lie by omission in quote mining, and furthermore you just demonstrated this in person. You just stepped in it. But since you now are rejecting DaveScot's quote totally to isolate your own words - it follows that responsible TEA members also "has got some good big splainin' to do under oath. THAT little confession session is guaranteed to take place on the witness stand". Okay, dropping the previous lie, there remains a trivial observation, now repeated twice. If you can't lie us to death, you will bore us to death with trivialities, is that it?

Torbjörn larsson, OM · 10 July 2008

Eric said: Though I do disagree with your point that it's more political than religous.
I'll add to the others who sees a confluence between politics and religion in, say, dominionists or organized anti-scientists. It is more fruitful IMHO to think of these movements as socio-political, in whole or in parts. I assume that when we look at larger churches such as the catholic church, we will see that they haven't abandoned politics altogether. At the very least they directly seek to influence interest areas, say sex ed, but also provides indirect influences. If for no other reasons, because of the very existence of their economical power.
stevaroni said: Welcome to Planet Texas. Actually, in all seriousness, most Texans are pretty rational people with a reasonably well tuned bullshit detector.
Having lived and worked in Texas for two years fairly recently, I can support that observation. (Despite looking over the cultural divide.) The problem I saw is that so much BS is around. Hence the tuning. [Sez he who comes from a sparsely populated nation - anything else will automatically have more BS as well as more of the good stuff, of course.]

Ron Okimoto · 10 July 2008

D P Robin said: I based my comment on #3 of the Introduction to Comer's complaint, as found in the link Dave Thomas gave us:
3. On November 8, 2007, the Agency fired Director Comer for contravening the Agency's "neutrality" policy by forwarding an email to other science educators annoncing an wpcoming lecture about evolution and creationism. According to the Agency's memorandum recommending that director Comer be fired:
On October 26, 2007, Ms Comer forwarded an email from her TEA email account to a grouop of people, including two external email groups, that annouced a presentation on creationism and intelligent design entitled "Inside Creation's Trojan Horse." The email states that the specker [Barbara Forrest] is a board member of a science education organization, and the email clearly indicates that the group opposes teaching creationism in public education. ... When Dr. Jackson asked Ms Comer about this situation, she replied that she was only forwarding information. However, the forwarding of this event announcment by Ms Comer, as Director of Science, from her TEA email account constitutes much more than just sharing information. Ms Comer's email implies endorsement of the speaker and implies that TEA endorses the speaker's position on a subject on which the agency must remain neutral. Thus, sending this email compromises the agency's role in the TEKS revision process by crerating the perception that TEA has a biased position on a subject directly related to the science education TEKS.
(Ex. B) (emphasis added)
This is repeated later in the complaint, and in the exhibits. It is well worth reading. Although I still have some questions, I think it is a very strong case. I should note that I had to type out the above, as I could not cut and paste from a pdf doc on this computer. Any types, therefore can be assumed mine. dpr
Thanks. Creationism is about as far from science as you can get. Literally farther out than Behe's astrology. It will be interesting how they try to spin why they think that they have to be neutral about the subject in science education. There is probably a written policy on this neutrality issue if she is supposed to have violated it. If creationism isn't mentioned in it, Comer can likely also claim that the policy was unclear, underhanded, and purposely misworded to mislead about the policies intent to protect religiously motivated policy decisions. Ron Okimoto

Ron Okimoto · 10 July 2008

Larry Boy said:
Ron Okimoto said: If all the board lie about it, Comer's case would be much weaker. The fact that creationism was brought up and it has repeatedly been found to be not an appropriate science topic, would put a big dent in their neutrality argument. Any minutes or recording of the meeting?
True, which is why perjury is a criminal offense. Lie about you go to jail for five years. That should hopefully help keep the people somewhat honest. -Topic Change- I think Comer has a case and wish her well in the good fight (Of course, I have very few facts on which to base that opinion) but I wonder if the lawsuit might be more broadly worded than necessary. The enforcement of the 'neutrality' policy is possibly a violation of the establishment clause, (though I hope there are other laws which are more relevant), but the argument outlined very early in the brief that the neutrality policy itself violates the establishment clause, regardless of the way in which it is implemented, seems much more tenuous. Certainly teaching religion in the science class room is unconstitutional, but is it unconstitutional for a government agency to have a policy stating that they take no stance on the constitutionality of teaching religion in the science class room? Again, take note that this is a separate issue from firring Dr. Comer over her entirely reasonable e-mail, and I am not asking if the actions of the board were appropriate, but whether the first claim made in the suit: "By professing 'neutrality,' the Agency credits creationism as a valid scientific theory" and "The Agency's policy is not neutral at all, because it has the purpose or effect of inviting dispute about an issue ... that is forbidden by the Establishment Clause." is really a reasonable interpretation of the law. Is it really within the courts power to assert that government agencies are legally obligated to take specific positions on certain public policy issues? This seems to be a part of the plaintiff's argument. Discuss.
It didn't stop the Dover board members from lying under oath or conspiring to mislead the court. The judge even forwarded the information to the prosecutors office and nothing was ever done. Sure, they lost anyway, but the two that got caught didn't have to pay the million dollar court costs. I don't understand how the perjury deal works. A lot of criminals lie under oath. They get convicted anyway, but they don't have to spend an extra 5 years in jail because of it. Do civil cases work the same way? If they lose does it matter if they lied? It shouldn't matter if they lose or not, but court costs for another trial etc. probably let those things slide. Beats me if it is unconstitutional to be "neutral" on teaching creationism in the science class. Teaching creationism would be illegal, and telling people that they have to be quiet about groups plotting illegal activities is likely not legal for a state sponsored body to do. If they look into the issue they would find that McLeroy was protecting himself and his own intent to circumvent the law to get creationism into the public schools, first calling it intelligent design and then switching to the teach the controversy creationist ploy. There was a thread a while back where someone recorded McLeroy's switch scam boot camp where he told the congregation what the score was and what they had to do. Neutrality was about the last thing on McLeroy's mind when he got the education post. Ron Okimoto

keith · 10 July 2008

PvM (imposter)

When I'm dealing with totally untruthful people, abysmally ignorant outside their narrow sub-subject of science, malicious, mentally deranged true believers it is best to check out the facts independent of anything they have posted.

This is particularly true of people who compartmentalize their world view and their faith, and their vocation in to little logic tight boxes for gain, prestigue, career, lucre and approval.

Lets see multiple documented cases of policy violations, counseling sessions, and documentation on file for a one year period at least, continuing violations, ignoring policies in general.hmmmmmmm!

All of which are included in the letter.

dhogaza · 10 July 2008

I don’t understand how the perjury deal works. A lot of criminals lie under oath. They get convicted anyway, but they don’t have to spend an extra 5 years in jail because of it. Do civil cases work the same way? If they lose does it matter if they lied? It shouldn’t matter if they lose or not, but court costs for another trial etc. probably let those things slide.
First of all, lying under oath itself doesn't constitute perjury, as I (IANAL) understand it. The lie must first of all have a material bearing on the case. I can lie about my age on the stand without being guilty of perjury, for instance, much of the time, because my age won't be important to the outcome of the case. On the other hand, if someone's caught drinking at age 16 and a month later lies to the judge, claiming to be 21, well, that's material. Secondly, in our adversarial system, you are allowed - indeed, it's in your best interest - to not aid the questioning you right up to the edge of lying. Bill Clinton's famous "perjury" regarding sex hinged, for instance, on both sides having previously agreed to a definition of sex as vaginal intercourse. Thirdly, you have to know you are lying - one can always claim not to have understood the question, or that the question was ambiguous making multiple responses possible, etc. All this adds up to making prosecution difficult. DA and US Attorney offices are busy and have to do triage on cases that come up, and if they feel like the chance of conviction is low, or the likely penalty a handslap, won't go after it. Again, IANAL but this is my understanding ...

stevaroni · 10 July 2008

FL rants... some of you thought that Yoko Ono’s lawsuit against “Expelled” was gonna be a lock.

True, although the jury is (literally) still out on that one, and Rocky Mountain apparently feels that they're still close enough to the edge that they've reportedly removed "Imagine" from all current film & DVD releases. On the other hand, all creobots felt that Dover was going to be a slam-dunk, and at the end of the day it was a crushing defeat for ID.

Robin · 10 July 2008

Marion Delgado said: That'll be just about enough out of you, Robin! The so-called Nazis (actually, the NSDAP) were very much pro-science. They simply insisted on sound science, not the junk science and hand-holding pandering of liberal degenerates It was NSDAP Germany that established the boundaries of human subtypes. It was Reich science that established that, far from being on the surface of a hollow Earth, we were in fact inside one! It was Germany's cosmologists and astrophysicists that determined the nonexistence of so-called "space" and replaced it decisively with an unending block of ice. NSDAP discoveries included recovering the lost technology of Thule and the Vrill, leading to a general science Renaissance that we have depended on up to the present time. It took Reich astronomers to sort the dross from the grain of so-called astrology. Undoubtedly, your coven of anti-true-science witches welcomed the Expelling of sound science after the Communist-Roosevelt axis "won" the "war." Maybe a few of us WANT cars that run on vitamin pills and water. Ever consider that?
And that will do for the comments from the wingnut gallery. For those more interested in the facts about Nazi science, I would suggest a little investigation into their occult research and such things as their dismissal of Einstein's work as "Jewish Physics". Did they make some profound strides in some areas? Sure! They did some impressive work in rocketry and engine design. Medicine (in some areas) advanced quite well with the help of nearly 8 million unwilling test subjects [rolls eyes]. The Nazi Party was all for testing ideas that furthered the concept of 'lesser beings', but did they put money into scientific research for the sake of pure understanding and scientific progress? No. Everything they did was wrapped in ideology - which, ultimately (and thankfully) was their utter downfall. As to Neo-Nazism today, it has no affinity for science whatsoever. So "Ms." Delgado can embrace whatever strawmen she desires, but the reality is that Keith's label for the scientifically-minded here was completely inaccurate.

Eric · 10 July 2008

Ron Okimoto said: I don't understand how the perjury deal works. A lot of criminals lie under oath. They get convicted anyway, but they don't have to spend an extra 5 years in jail because of it. Do civil cases work the same way? If they lose does it matter if they lied? It shouldn't matter if they lose or not, but court costs for another trial etc. probably let those things slide.
Court costs, plus for perjury I think you have to prove intent to decieve, not just that they made a false statement. (I could be wrong about that - is there a lawyer in the house?) Mental states are hard to prove. So even for e.g. Bonsall's testimony in Dover, which you'd think would be a lock, a perjury charge isn't a sure thing. As we are doing a lot of blue skying here, does anyone know WHEN the defense is expected to file their answer to the complaint?

Eric · 10 July 2008

Um, I took Marion's post as satire. Claiming we live inside a hollow earth, itself within an unending block of ice...well, even if she was serious, it's funny :)
Robin said: ...So "Ms." Delgado can embrace whatever strawmen she desires, but the reality is that Keith's label for the scientifically-minded here was completely inaccurate.

stevaroni · 10 July 2008

that they’ve reportedly removed “Imagine” from all current film & DVD releases.

Oops, just for the sake of accuracy, I meant "current releases" in the "being releasing currently" sense. I have to assume that there are probably still some old, original prints out there, maybe on a perpetual loop at the Creation Museum or something.

Robin · 10 July 2008

keith said: I see PvM, Pee Wee Myers Christian Bulldog, is still leveling his apostolic criticism...no confusion over where he stands. Employment at will means "absolutely no reason has to be given for dismissing someone" and I suspect no one here knows what the terms of her resignation were, what severance was involved, what she agree to in receiving it, etc.
Yes...that is what At Will means. I work in an At Will state (Virginia) too. The problem is, Keith, since the TEA fired Comer for sending the email a reason HAS been given AND can be used in a court of law as evidence of illegal practices. Regardless of At Will state policies, a company CANNOT discriminate against someone or hold that person to believing in some religious concept. Get a clue, Keith.
No firm is required to or does list in any correspondence all its reasons for a dismissal prior to litigation.
Except that the TEA DID provide a reason, thus the point is moot.
A dismissal hardly limits what a defense can include in its filing...it's the original filing that matters and all the deliberations and actions leading up to the decision.
False, given that the case is about sending the email, not about Comer's work performance. Ironically, even IF Comer had an attrocious work performance record, since Texas is Employment At Will(you gotta love this), her record is only useful for demonstrating whether she was fired for legal reasons. So she could very well have been doing all sorts of horrible things at work, but the case is ONLY about whether the TEA in this instance fired her for illegal reasons. If so, nothing about her past record matters one wit.
Do you suppose that the entire process might have been reviewed by counsel, outside counsel, consulting opinion counsels before any action was taken on the dismissal of a senior official?
If it was, the counsel screwed up. The fact is, you can't fire someone for violating a neutrality policy on subjects that are unconstitutional.
Do you suppose their policy of neutrality was also reviewed before implementation, as above?
Not likely. It's a perfectly good general policy, but likely nobody bothered to consider the larger legal and social issues. And likely they didn't care since such was an ideological act anyway.
What do you think people were doing during the 30-40 days between her probation and dismissal?
Agreeing on a reason for firing her.
What's really pitiable is that your pseudoscience cannot stand on its on merits, but must be lawyered to gain acceptance.
Non-sequitur.
As I recall Texaco had a big time eastern team also until Jamial and Pennzoil kicked their butt for 3 bbl.
Also a non-sequitur.

raven · 10 July 2008

The constitutionality of requiring someone to be "neutral" on whether mythology or science is science is dubious.

The neutrality policy sounds vague. Was it written down? Did every one have a copy? Were there training sessions on how to be neutral? That is, don't laugh when someone says the earth is 6,000 years old while driving a car fueled by 200 million year old fossil fuels? Or instructions on giving yourself a lobotomy to help the neutrality principle along.

And how is forwarding an email about a relevant talk by a well known scholar a violation of neutrality? Does neutrality mean one must put their brain in neutral and sit in a near comatose state?

Bureaucracies are all the same as are fascists. They were out to get Comer as a known science supporter and any pretext would have done. Crossing the street, having tea with demons in her office, being able to read and write, it didn't matter. Those Texas theocrats are going to be entertaining to examine under oath.

Robin · 10 July 2008

Eric said: Um, I took Marion's post as satire. Claiming we live inside a hollow earth, itself within an unending block of ice...well, even if she was serious, it's funny :)
If it was satire, then I humbly apologize. I had a tough day yesterday with too many meetings on inane subjects and then too much wine and late hours last night. I think my facetious meter is still in bed.

Aagcobb · 10 July 2008

Eric,

Defendants usually have twenty days after a complaint is served on them to file an answer, though there are exceptions.

chuck · 10 July 2008

tomh said:
chuck said: I'm going to go out on a limb and bet that Texas settles*, and she gets her job back. * If she'll let them ;)
Why would they?
To save Texas the embarrassment and the tax payers their money of course.

Frank J · 10 July 2008

Creationism is about as far from science as you can get. Literally farther out than Behe’s astrology.

— Ron Okimoto
Actually classic creationism is sort of like astrology in that it makes its own testable claims, and that those claims fail the tests. But "don't ask, don't tell" ID is much further from real science, and the "replacement scam" (misrepresent evolution under the pretense of "critical analysis" but don't dare mention any alternatives that themselves can be critically analyzed) completes the journey to "as far from science as you can get."

Paul Burnett · 10 July 2008

Ron Okimoto said: ...the policy was unclear, underhanded, and purposely misworded to mislead about the policies intent to protect religiously motivated policy decisions.
You could say that about almost any product of the Dishonesty Institute (as well as other creationists, of course), such as a recently-signed Louisiana law.

Frank J · 10 July 2008

Chuck,

Interesting point about the possibility of Texas settling. AIUI, "settling" usually means that both sides give up something. All Texas would "give up" is a bruised ego, and would get back someone that they know did her job, and did it well. But if the settlement includes any concession to "academic freedom" (aka "academic anarchy") or the definition of "neutrality," it could conceivably be worse for Texas students than if Comer loses the case.

As I said before, Comer will likely land on her feet no matter what the outcome. What really needs to happen is that the anti-science activists be removed from their positions. I'm not sure if they are elected or appointed, but the elected Dover school board were booted out even before the trial.

Paul Burnett · 10 July 2008

Ron Okimoto said: There was a thread a while back where someone recorded McLeroy's switch scam boot camp where he told the congregation what the score was and what they had to do.
Somebody should find that and re-post it, please...Chris will need it.

Raging Bee · 10 July 2008

Marion Delgado is kidding, right? Or does he/she represent the radical right wing of the Timecube crowd?

As for keith and FL, we know they're not joking -- they're the joke.

John Kwok · 10 July 2008

Dear Raging Bee,
Raging Bee said: Marion Delgado is kidding, right? Or does he/she represent the radical right wing of the Timecube crowd? As for keith and FL, we know they're not joking -- they're the joke.
I couldn't agree with you more. BTW, seems as though DaveScot is indulging in more examples of infantile humor at Uncommon Dissent, like comparing me to Homo erectus. If that's meant to be funny, well I'm having a few giggles here and there. Cheers, John

Steven Laskoske · 10 July 2008

keith said: What's really pitiable is that your pseudoscience cannot stand on its on merits, but must be lawyered to gain acceptance.
Of course, evolution isn't at trial here, Chris Comer's dismissal is the issue. As far as evolution standing on its merits, it is a humorous comment considering the ID crowd has been pushing their info through legislation and the court of public opinion instead of doing actual research. Evolution has shown its validity in science but now has to defend itself from a PR campaign instead of in a science setting. That's where the courts come in.

Steven Laskoske · 10 July 2008

raven said: The neutrality policy sounds vague. Was it written down? Did every one have a copy? Were there training sessions on how to be neutral?
As I understand it, this was an unwritten policy.

midwifetoad · 10 July 2008

Steven Laskoske said:
raven said: The neutrality policy sounds vague. Was it written down? Did every one have a copy? Were there training sessions on how to be neutral?
As I understand it, this was an unwritten policy.
It's in writing now.

stevaroni · 10 July 2008

It’s in writing now.

Well now, that's interesting. Do you know if it's available online somewhere? It would be fascinating to see how "neutrality" in science education would tap dance around the very similar "equal time" concept so thoroughly struck down in McLean v. Arkansas.

Frank J · 10 July 2008

It bears repeating; if there actually was any evidentiary basis behind creation - any basis at all - it would be perfectly legal to teach it in public schools right now, whether it had a religious implication or not.

— stevaroni
Unless you define "creation" it's futile to talk about evidence for or against it. What there is clearly no evidence for are the alternate origins models - the "whats and whens" that most students and adult nonscientists infer when they are fooled into thinking that evolution is "weak" or "refuted." But the scam artists know that there is no evidence. Not for the young-Earth, old-Earth-young-life, or or old-Earth-old-life versions. Certainly not for any versions that exclude common descent. And if zero evidence isn't bad enough, there are those nasty mutual contradictions. That's why the keep the focus on evolution, and only evolution. Then they can fabricate "weaknesses" with almost no fear that students will notice the fatal weaknesses and contradictions in the "creation" models.

keith · 10 July 2008

PvM (imposter)

When I'm dealing with totally untruthful people, abysmally ignorant outside their narrow sub-subject of science, malicious, mentally deranged true believers it is best to check out the facts independent of anything they have posted.

This is particularly true of people who compartmentalize their world view and their faith, and their vocation in to little logic tight boxes for gain, prestigue, career, lucre and approval.

Lets see multiple documented cases of policy violations, counseling sessions, and documentation on file for a one year period at least, continuing violations, ignoring policies in general.hmmmmmmm!

All of which are included in the letter.

Eric · 10 July 2008

I don't think the validity of a generic neutrality policy (even an unwritten one) is really the issue. Its SOP for government agencies to expect their employees not to comment on public policy that the agency is still developing. IMO what makes this case of neutrality problematic for TEA is not their general expectation of employee silence on an open issue, but that TEA's "open issue" is the teaching of creationism in public education, an action SCOTUS ruled unconstitutional 21 years ago.
midwifetoad said:
Steven Laskoske said:
raven said: The neutrality policy sounds vague. Was it written down? Did every one have a copy? Were there training sessions on how to be neutral?
As I understand it, this was an unwritten policy.
It's in writing now.

keith · 10 July 2008

I surmise the average reading comprehension score by this team of true believers is somewhat below the state average for West Virgina.

Can't you read the actual letter listing a year of disciplinary actions resulting from clear policy violations, several counseling sessions, repeated instructions as to several policies other than neutrality and her ignoring all of these actions?

Can't you read her resignation letter, thanking her employer for PERMITTING her to serve?

Can you see its official nature, acceptance signature, date stamp, etc?

There is not one wiff of the word creation or protecting or favoring creation in any policy. She and other employees were to remain neutral regarding their position and avoid publically endorsing any stance on issues related to science standards that would indicate personal bias.

Was she singled out as the only employee subject to any of the policies violated...absolutely not.

Any moron who thinks the TEA did not have complete legal review of the decision, the record of policy violations by Comer on several policies, the several disciplinary reviews with her management over a one year prior period and carefully documented has apparently zero corporate HR experience, corporate legal schooling, and has never administered a layoff, downsizing, or dismissal.

I told you the Yoko Ono suit would be shoved up your butts and you failed to comprehend superior intellect then and apparently haven't caught on yet.

Don't be so hard on the Texans, they contribute a tremendous amount of the taxes that fund your welfare checks.

stevaroni · 10 July 2008

Lets see multiple documented cases of policy violations, counseling sessions, and documentation on file for a one year period at least, continuing violations, ignoring policies in general.hmmmmmmm!

Um, yeah. Actually, the legally pertinent part of the argument is entirely and exclusively the stated grounds for termination, as clearly documented, verbatim, from the termination memo (page 14 of the complaint).

On October 16th, 2007, Ms Comer forwarded an e-mail... The e-mail states that the speaker (Barbera Forest) is a board member of a science education organization, and the e-mail clearly indicates that the group opposes teaching creationism in public education

Once again, you fail to get it through your thick head that the TEA is on record that the specific offense that Comer was fired for was aiding and abetting those who oppose "teaching creationism in public education" The reason it's on record is that the TEA itself put it there, in their termination memo. Apparently, the only subject they paid less attention to than science, was law. Any other reasons TEA cobbled together later in a CYA effort are, like most of your posts, completely irrelevant.

PvM · 10 July 2008

Somehow Keith's ability to read is foolishly blinded by his anger and denial.

PvM · 10 July 2008

keith said: PvM (imposter) When I'm dealing with totally untruthful people, abysmally ignorant outside their narrow sub-subject of science, malicious, mentally deranged true believers it is best to check out the facts independent of anything they have posted.
That's what you get for hanging out with ID proponents Keith. You even start to look and sound like them... But yes we agree, it often does pay off checking out the facts independently. So what have you learned from this exercise that can be applied to your behavior wrt ID?

JJ · 10 July 2008

Paul - McElroy's talk is stored in several different places.

I don't think the "neutrality" policy was ever in writing. It was announced at a staff meeting, so I guess it depends on how many former employees come back and testify. There are quite a few former employees.

stevaroni · 10 July 2008

so I guess it depends on how many former employees come back and testify. There are quite a few former employees.

I suspect that this is going to be really amusing.

keith · 10 July 2008

Since its apparent that the luddites here can't read the entire record, including the exhibits with the specific recommendation for termination including the long list of offences, the detailed disciplinary sessions, the continued and long record of insubordination documented leading up to the resignation vs dismissal decision, the resignation letter, the email admitting "error" on her part ...well I'll just wait on the court.

Your legal expertise was perfectly displayed on the Yoko Ono suit and its still stuck in your rhetorical butts where I shoved it with great delight.

fnxtr · 10 July 2008

.. as any true follower of the Prince of Peace would, Keith, I'm sure.

PvM · 10 July 2008

ROTFL, Keith is funny... Of course where it really mattered, the courts came down hard on ID creationism. It's all a matter of perspective my dear confused Christian friend. In the end it all comes down to the stated cause for termination and whether or not there was a violation of her rights. Let the courts speak.
keith said: Since its apparent that the luddites here can't read the entire record, including the exhibits with the specific recommendation for termination including the long list of offences, the detailed disciplinary sessions, the continued and long record of insubordination documented leading up to the resignation vs dismissal decision, the resignation letter, the email admitting "error" on her part ...well I'll just wait on the court. Your legal expertise was perfectly displayed on the Yoko Ono suit and its still stuck in your rhetorical butts where I shoved it with great delight.

raven · 10 July 2008

I don’t think the “neutrality” policy was ever in writing. It was announced at a staff meeting, so I guess it depends on how many former employees come back and testify. There are quite a few former employees.
Sounds like they had a good old fashioned purge of the TEA. Looks like they have been reading their Stalin along with their bibles. Shouldn't be too hard to get the former employees back to testify. Aren't they in the Texas Gulag somewhere?

keith · 10 July 2008

PvM,

After you read and watch A. E. Wildersmith as I recommended get back to me and explain your disagreements ..that is if a world class scientist's writings have any impact on your clouded mind...you can skip the parts about Christianity if you find those distasteful as he was a powerful witness as well as scientist.

But I'm sure your committment to Myers, Dawkins, Harris, and the other Christ haters has pretty well blocked your mind at this point.

Be thankful for Grace,

Keith

Raging Bee · 10 July 2008

Keith: What’s REALLY pitiable is that your idiotic religion cannot stand on its on merits, but must be disguised as science (and THEN lawyered) to gain acceptance.

subkumquat · 10 July 2008

Your legal expertise was perfectly displayed on the Yoko Ono suit and its still stuck in your rhetorical butts where I shoved it with great delight.
What was your prediction on Dover? I thought your god looked down on sodomites? You poor confused soul. How does jesus feel about ad hominem attacks? Does he suffer them in good grace while you forget what's it's like to be christlike? It really is sad that you feel the need to tear others down in order to make you feel better about yourself. Were you a bully in gradeschool or were you bullied and now getting even with the world? Either way, I can only imagine it's a sad, pathetic life. Most people that spew forth so much hate really hate themselves. That's sad as well. Seek help keith. I'm sure you'll respond with another ad hominem, and that's fine. I'll just sit here and pity you. Or you can perform the lowest form of intellectual dishonesty and quote mine out of context in order to force someone else's opinion to fit your own narrow world view since and reply with another out of context non sequitor like the yoko ono case. In the mean time, keep on showing that good old christian compassion.

Bill Gascoyne · 10 July 2008

Keith,

What, in your understanding, is the definition of "Luddite" and how is it applicable in the current context?

stevaroni · 10 July 2008

keith yammers... Since its apparent that the luddites here can’t read the entire record, including the exhibits with the specific recommendation for termination including the long list...

Actually, we can read all that. We can also read Hemingway, last night's game scores, and the instructions for heating microwave popcorn - some of us could probably even read all that in two or three languages. All which is equally immaterial to the case at hand which is, that TEA says they fired Chris Comer specifically for...

...forward[ing] an e-mail… The e-mail states that the speaker (Barbera Forest) is a board member of a science education organization, and the e-mail clearly indicates that the group opposes teaching creationism in public education

That's the case TEA made, that's the case TEA gets to defend. Too bad it's blatantly unconstitutional, because that's going to be really inconvenient for them. The rest is like yet another "Keith post" - irrelevant.

Larry Boy · 10 July 2008

This is OT, and responding to a troll, so I apologize, but...
What's really pitiable is that your pseudoscience cannot stand on its on merits, but must be lawyered to gain acceptance.
From personal observation I have found that a popular tactic of poor debaters and liars is what I have dubbed the "Oh yah, well so are you" tactic. So, if I, a biologist, call astrology a pseudo-science, then an astrologist claims that the science of biology is a pseudo-science. The incredible ignorance of this response seems to be lost on the people making this argument. Similarly if I were to point out that Christianity is a religion, and not a science, and then some Christians chose to respond that Science is based on the religion of naturalism, and so science is a religion too. The particularly incredible part of this rhetorical tact is that these counter-arguments would quite clearly never have been made if the position of the debater had not been first impugned with the original statements (i.e. That Christianity is a religion, and creationism a Christian pseudo-science). So, it is quite clear that the creationists did not think of these arguments on their own, and do not derive their belief from these arguments, or they would have been made prior to the my assertions and not in response to them (more properly prior to the assertions of prominent rationalists). Interestingly, I have also found this form of argument used quite liberally to defend unethical behavior in everyday life. In fact, to get personal for a moment, when I have acted thoughtlessly or (God forgive me) malevolently towards my wife, I often find myself accusing her of precisely the sins which I have committed. This sort of behavior then, seems to be indicative of a psychological aversion to objectively considering our own behaviors and, by ever more strained logic, ideologies.

PvM · 10 July 2008

Why should I rely on the old arguments of a creationist when real science has made incredible progress in understanding the origins of life. Somehow it seems that Keith is afraid to discuss science. Fine with me. I understand his reluctance as it would expose how he is wrong about abiogenesis. And that's the rest of the story.
keith said: PvM, After you read and watch A. E. Wildersmith as I recommended get back to me and explain your disagreements ..that is if a world class scientist's writings have any impact on your clouded mind...you can skip the parts about Christianity if you find those distasteful as he was a powerful witness as well as scientist. But I'm sure your committment to Myers, Dawkins, Harris, and the other Christ haters has pretty well blocked your mind at this point. Be thankful for Grace, Keith

Shrike · 10 July 2008

Larry Boy said: This is OT....
I don't see it as off-topic; that sort of false equivalence between evolution and creationist pseudoscience is at the heart of the "neutrality" policy in question here. Perhaps I'm cynical, but I interpret it more as a tactical move. By misrepresenting the argument as "faith vs. faith" rather than "science vs. faith," creationists attempt to prey on the public's sense of fair play to argue that it's only fair to teach creationism/ID/"teach the controversyism" as well, or else evolution shouldn't be taught either.

keith · 10 July 2008

PvM is afraid to read and understand the material by Wildersmith. The age of a position may or may not be important and such arguments are sophomoric logical fallacies as any text on critical thinking, Socratic methods, debate, etc. will reveal in a NYM.

Every argument advanced in the material suggested here and which I did read ( I have no fear of such pseudo-scientific flotsum) has been addressed in particulars by Wildersmith since all such silliness is simply recycled protenoids, coacervates, protocells, etc. first proposed by Fox and Oparin, Miller, et al and nothing new or startling has been added of consequence in cluding clay,silicon, meterorite or other supposed templates.

ON the subject at hand:

If you wish to believe that pulling out one of several well supported evidences of insubordination by Comer over a 12 month period from the letter of recommendation for dismissal and highlighting it and only it in their filing will work you are childishly naive. Too bad the actual letter, exhibit B, begins with a paragraph stating the employment policy number covering the subject action and further directly states the recommendation is for a SERIES ,got that, a SERIES
of cases of insubordination and policy violations, only one of which, the last, relates to the neutrality doctrine.

Each of these acts of insubordination (properly defined by policy referenced and stated in part) is then listed and dated and detailed step by step in the recommending letter.

Two letters documenting in detail multiple conferences on these serial violations were held with Comer to repeatedly explain policy, administer discipline, and give direction are referenced and therefore admissible. They were held between these repeated offences with Comer demonstrating that she continued to ignore policy and supervisory direction. These were not trumped-up afterthefact reasons by definition because the letter and counseling conferences are a matter of record and preceded the last offence involving neutrality by months.

Anyone reading the care and attention given to this process over a year and the structure and completeness of the letter of recommendation in detailing authorizing policies, language, definitions of terms by policy, and including by reference the letters of discipline and concludes that this action was not taken with extreme precision and care under guidance of legal counsel is an ignoramus or simply intellectually dishonest and in this case probably both.

chuck · 10 July 2008

keith said: ...well I'll just wait on the court.
Two hours pass...
keith said: [long winded blah blah about the evidence redacted]
That didn't last long.

Dave Thomas · 10 July 2008

NOTE TO COMMENTERS: The topic of this thread is Chris Comer’s lawsuit against the Texas Education Agency. Do not clutter this thread with unrelated topics like evidence of Christ’s resurrection, evidence for the Origin Of Life (OOL), A.E. Wlider-Smith etc. I won’t be as lenient as I was in the last thread on this topic. - Dave

stevaroni · 10 July 2008

If you wish to believe that pulling out one of several well supported evidences of insubordination by Comer...

Yes, I suppose that Comer, a science curriculum supervisor, trying to keep unsupported religious fantasies out of the science curriculum, despite the Constitutional issues and the obvious religious motivations of her supervisors, actually does count as "insubordination" on planet Keith, because any lie is OK as long as you're Lyin' For Jesus(tm). More is the pity.

Torbjörn Larsson, OM · 10 July 2008

Eric said: Um, I took Marion's post as satire. Claiming we live inside a hollow earth, itself within an unending block of ice...well, even if she was serious, it's funny :)
It is also an elegant reference to frozen block time. Dunno about the hollow earth theory though. The "cellular cosmogeny" of Koreshanity?

Torbjörn Larsson, OM · 10 July 2008

Frank J said: Actually classic creationism is sort of like astrology in that it makes its own testable claims, and that those claims fail the tests. But "don't ask, don't tell" ID is much further from real science, and the "replacement scam" (misrepresent evolution under the pretense of "critical analysis" but don't dare mention any alternatives that themselves can be critically analyzed) completes the journey to "as far from science as you can get."
There are several possible perspectives here of course. For all practical purposes all of creationism is as far from science that you can get as they presuppose their answer by relying on dogma. Which is why they cherry pick, allow cognitive dissonance, criticize science instead of looking for positive evidence, try to pervert education, and in general are as anti-scientist as possible. Even ID confesses to that by the Wedge scam. However, if you try to accept their claims as honest (and for the creotard masses they may well be, by way of indoctrination and cognitive dissonance), your description would follow. Hmm. Then who would be engaging in cognitive dissonance? No, for my money it is a duck.

Eric · 10 July 2008

keith said: Can't you read the actual letter
Well, let's do that. The second paragraph starts off "As the Director of Science, Ms. Comer should understand that it is her job to explain law and rule regarding the Texas Essential Knowledge and Skills (TEKS)..." The Supreme Court stated in 1987 that it is illegal to teach creationism in public schools. Thus it is within Ms. Comer's job description to explain to people that it is illegal to teach creationism. Let's read a little further. Page 2, in the paragraph starting "On October..." "...the email clearly indicates that the group opposes teaching creationism in public education." So, Ms. Comer sent an email announcing a talk by a group who oppose teaching a subject its illegal to teach. This is clearly in her job description.
Was she singled out as the only employee subject to any of the policies violated...absolutely not.
You know this because...? You're making stuff up. You HOPE she wasn't singled out, but there is nothing whatsoever in the complaint to back up this hope.

jasonmitchell · 10 July 2008

I've read both the complaint and the exhibits - looks like a systematic issue with between Comer and the higher ups at the TEA - Comer insists on doing her job - and higher up members of the TEA repeatedly tried to muzzle her
( I quote here from the TEA memo proposing disiplinary action- exhibit b on the complaint- emphasis mine)

"Ms Comer should understand that it is her JOB TO EXPLAIN LAW and RULE regarding the SCIENCE Texas Essencial Knowlege and Skills Test (TEKS), but not cross the line into providing guidence into methodology or opinions about instructional methodology..."

--now how the heck is anyone supposed to do that? explain the law in regards to whats on the test - but don't provide any guidence or have an opinion?

here's a hypothetical:
Teacher asks TEA/ Comer- "hey I know evoulution is on the TEKS, is it ok for me to talk about the 'weaknesses' in evoultion also?

would TEA would have Comer say "I cannot offer an opinion on what you teach in your class - but you must teach what's on the test"? (I suspect the leadership at the TEA would)

BULLSHIT

if Comer didn't determine if the teacher "discussing weaknesses" intends to inject content that a court might consider creationism, would be therefore be ILLIGAL - she wouldn't be doing her job - Comer might want our hypothetical teacher to know WHAT A COURT MIGHT CONSIDER CREATIONISM - maybe by

attending confernces where teachers would be to discussing these types of situations? send emails tagged "fyi" where teachers could inform themselves on these issues? - seems to me, this would be within her job reposibilities.

now - regarding 'neutrality'
Comer could (in theory) maintain a professionally neutral opinion on the scientific validity of ID etc. and still LET PEOPLE KNOW THAT TEACHING CREATIONISM IS CURRENTLY ILLEGAL and ID Has been found in a COURT OF LAW TO BE CREATIONISM RELABLED and therefore teaching it would be an exposure to future litigation - forwarding the email, (which appears to have been the final straw) to teachers so that they would know how to tell valid evolution content (on the TEKS) from ID again would see to me to be within the stated job responsibilities

what I think (opionin of mine) is that the TEA has been systematically removing those that don't share the ideology of ths upper management as a prelude to inject watered down content into the next round of textbooks (reminds me of the Gonzales attorney general issues/firings under Bush) Comer was a thorn in thier side

I hope that the state doesn't settle- so much DIRT will come out in trial/trials that Texas might actually get decent textbooks (due to the additional scrutiny)

jasonmitchell · 10 July 2008

Eric said:
keith said: Can't you read the actual letter
Well, let's do that. The second paragraph starts off "As the Director of Science, Ms. Comer should understand that it is her job to explain law and rule regarding the Texas Essential Knowledge and Skills (TEKS)..." The Supreme Court stated in 1987 that it is illegal to teach creationism in public schools. Thus it is within Ms. Comer's job description to explain to people that it is illegal to teach creationism. Let's read a little further. Page 2, in the paragraph starting "On October..." "...the email clearly indicates that the group opposes teaching creationism in public education." So, Ms. Comer sent an email announcing a talk by a group who oppose teaching a subject its illegal to teach. This is clearly in her job description.
Was she singled out as the only employee subject to any of the policies violated...absolutely not.
You know this because...? You're making stuff up. You HOPE she wasn't singled out, but there is nothing whatsoever in the complaint to back up this hope.
Dammit - eric stole my thunder

Olorin · 10 July 2008

On July 10, 2008 12:04 PM, keith said: “Can’t you read her resignation letter, thanking her employer for PERMITTING her to serve?” Keith has apparently never held a job at a professional or managerial level, and obviously doesn’t understand code words such as a resignation “to pursue personal interests,” (employee got fired) or “by agreement of both parties” (the employer is firing you).

“Can’t you read the actual letter listing a year of disciplinary actions resulting from clear policy violations, several counseling sessions, repeated instructions as to several policies other than neutrality and her ignoring all of these actions?” Maybe I was blinded by the letter of high commendation she had received the previous year, recommending Comer for a promotion before she was otherwise eligible for one. That doesn’t happen very often.

“Any moron who thinks the TEA did not have complete legal review of the decision, the record of policy violations by Comer on several policies, the several disciplinary reviews with her management over a one year prior period and carefully documented has apparently zero corporate HR experience, corporate legal schooling, and has never administered a layoff, downsizing, or dismissal.” Keith continues to think that we’re dealing with a corporation here. I’m not sure why he thinks that. Anyone who believes that a state-government agency does complete legal analyses before all firings has never worked for one. You could ask Pamela Richardson, one of Comers’ attorneys; she has had a number of years experience representing New York City in such matters.

“I surmise the average reading comprehension score by this team of true believers is somewhat below the state average for West Virgina.” Do I perceive an insult to West Virginia here? I’d heard that Keith moved from West Virginia to Louisiana and thereby raised the average IQ of both states.

Frank J · 10 July 2008

For all practical purposes all of creationism is as far from science that you can get as they presuppose their answer by relying on dogma.

— Torbjörn Larsson, OM
Yes, but note that I use the phrase "classic creationism" to describe those positions that are not all evasion and misrepresentation. But classic creationism and astrology at least make testable statements. Granted, both cherry pick, so they essentially undermine themselves. But we can at least show how they refuse to support their claims or address the contradictions. Whereas IDers have learned to state as few falsifiable claims as possible for which refutations are easily understood by nonscientists. To bring this back on topic, I will repeat that I hope that all relevant TEA people, especially McLeroy, are forced to state under oath exactly what they think the designer did and when. There's no need to ask them who/what the designer is/was, or whether they take the Bible as evidence. Unless of course to contrast it with Behe's answers. The US, not just Texas, deserves to know that anti-evolution activism is a scam, and to what lengths the scammers will go to deceive. Sadly Dover did not convey that message to many who didn't know it already.

keith · 10 July 2008

There isn't a place on earth where this crowd could move that would result in raising the average IQ.

Comer was obviously a freewheeling loose cannon who was determined to do whatever the hell she wanted regardless of and in defiance of managements directives, policies, procedures, and was merely someone who sought to promote her self-importance.

Of course, if she should be reinstated I'll bet she has a happy and fulfilling life and career, everyone will be so pleased to work with and supervise her. The truth is that no one in this forum or her lawyers or national groups give a damn about her personally, she is just a pawn in their schemes to push secular humanist and philosophical materialism down the throat of every student in America no matter what and who they destroy. But of course personal destruction of anyone you disagree with is part and parcel of your methods. No telling the degree to which she has been manipulated into her present difficulties by your soulmates in various groups.

G. Gonzalez ( who legally and factually had a slam dunk case) is quite lucky that people didn't try to persuade him to file suit against ISU, but rather to move on and get a new position in a more decent environment. But that's a clear marker between you and us..we actually care about people and reject the Stalinist approach, "the end justifies the means".

I doubt Texas will roll over on this one.

observer · 10 July 2008

The law known as the US constitution merely says that religious mythology may not be taught as fact in science classes to kids.
Actually, this type of ignorance is one reason that private schools are becoming so popular. Students have so many incorrect ideas concerning what our constitution does and does not say. Most believe propaganda they read on a web-site or hear on tv. Raven, the first amendment is very simple:
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.
Failure of government schools to meet minumum standards in many states has resulted in the choice many parents have made. Failure to detect bias and propaganda is another area, other than government, that seems to be lacking.

raven · 10 July 2008

observer totally confused: Raven, the first amendment is very simple: Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof;
Yes, it is simple. You cannot force your sectarian religious mythology into public schools. You cannot force your delusional nonsense on other people's kids. And no one can force their delusional mythology on yours. Freedom of religion protects everyone. Way it goes and this has been tested in court many, many times. You can however babble endlessly in private schools, universities, the internet, cereal boxes, the sidewalks, spam, radio, TV, pandas thumb, junk mail, public parks, movies, and so on. You can even teach creation mythology in sunday schools and churches. You knew this already though. Your only hope is to overthrow the US government and destroy our American civilization. Then you can sit in the ruins and force the survivors to buy into your mythology. Don't expect them to be too enthusiastic though. Oddly enough, most people including many evangelical, fundamental, and pentocostal xians like a 21st century lifestyle and have chosen reality over lies. Evolution is taught at BYU, Notre Dame, Calvin, Baylor, SMU, the Lutheran colleges and many other xian colleges and universities. At some point intelligent people realize that defending creationism is like defending geocentrism. You can't do it without warping your mind and lying a lot and it isn't consistent with being a good xian much less a good human being and it isn't worth it. For every brain damaged programmed robot the fundies produce, there is another smart, normal kid who grows up and says, this is all laughable primitive nonsense. Litmus tests work both ways after all and ultimately, the truth will win.

PvM · 10 July 2008

keith said: Comer was obviously a freewheeling loose cannon who was determined to do whatever the hell she wanted regardless of and in defiance of managements directives, policies, procedures, and was merely someone who sought to promote her self-importance. ... G. Gonzalez ( who legally and factually had a slam dunk case) is quite lucky that people didn't try to persuade him to file suit against ISU, but rather to move on and get a new position in a more decent environment. But that's a clear marker between you and us..we actually care about people and reject the Stalinist approach, "the end justifies the means". I doubt Texas will roll over on this one.
Funny how Keith insist on exposing his deep ignorance in issues of judicial proceedings and law. Oh well, it does serve as a reminder of the cost of bias to the credibility and the weight of the arguments. No wonder that insults are the best Keith can really do to formulate his 'arguments' and support them. Funny how personal bias can cloud the issues so clearly.

Marion Delgado · 10 July 2008

On the achievements of Nazi science: http://paranormal.about.com/od/hollowearth/a/aa022206.htm
A second theory, call the "inverted Earth" theory, claims that we - our civilization - actually exists on the inside of the globe. We are held fast to the ground not by gravity, but by centrifugal force as the Earth rotates. The stars, so goes the theory, are twinkling chunks of ice suspended high in the air, and the illusion of day and night is caused by a rotating central sun that is half brilliant, half dark. Cyrus Teed, an alchemist from Utica, N.Y., was one of the first people to popularize this idea. So obsessed was he with the idea that he founded a religion based on it, changed his name to Koresh, and established a commune for Koreshanity in Chicago in 1888. In Germany, independently of the Koreshans, another group also was founded that adhered to the inverted Earth idea, and it was this concept that was accepted by some segments of the Nazi hierarchy.
The Eternal Ice Theory (WeltEisLehre): http://www.pr-inside.com/print396546.htm http://en.wikipedia.org/wiki/Welteislehre
Hörbiger explains the origin of the universe with the collision of a glowing mass of gigantic proportions with a smaller mass of solid ice. This led to an enormous explosion and the creation of our solar system. Ever since, existence has been based on an eternal struggle between fire and ice. Note that this has strong similarities with Norse mythology (see Ymir). The theory also states that Earth created temporal gravitation fields, attracting smaller planets/moons made of ice. A planet would be caught in the field and gravitate around Earth for some time before eventually colliding with it. At that time, natural catastrophes would occur all over the world.[1] In a recuperating period, the planet would exist without a moon until the next planet would be attracted. Hörbiger believed that the current version of the Moon was the sixth since the existence of Earth and that a collision would be inevitable. Believers in Welteislehre argue that the great flood described in the Bible and the destruction of Atlantis were caused by previous collisions.
I think this was an early example of "sound science" losing out to "junk science" in the so-called consensus. When exploring cosmology, I just want our schools to teach the controversy. Notice that the two theories complement each other logically: If we lived outside the sphere, as materialist science claims, we'd be destroyed by the fire and ice.

Eric · 10 July 2008

keith said: Comer was obviously a freewheeling loose cannon who was determined to do whatever the hell she wanted regardless of and in defiance of managements directives, policies, procedures, and was merely someone who sought to promote her self-importance.
Oh, obviously. She put "FYI" on a talk announcement. How horrible. I've said it before and I'll say it again. This type of hyperbole makes it hard to take your opinion seriously. It undermines your position by making it clear that you consider anyone who does anything in the slightest that disagrees with you is an evil monster that must be hunted down and executed. I DO agree with you however that the case is not a slam dunk either way, and we will have to wait for the defense response, and the negotiation, and the case, before what happened is sorted out.
...she is just a pawn in their schemes to push secular humanist and philosophical materialism down the throat of every student in America no matter what and who they destroy.
Yeah, that's Ken Miller, PvM, and half the people on that lurk on this site. Clearly they're anti-theist materialists all the way. [sarcasm]
I doubt Texas will roll over on this one.
I really hope you're right! Though to be honest, it'll only go to multiple courts if its considered a constitutional issue...and if the court thinks this is a constitutional issue, its already kind of a loser for your side. I doubt a 'wrongful firing' suit will go far regardless of which way the first court goes.

keith · 10 July 2008

PvM,

Having been in two organizations where there were civil suits considered quite significant and being schooled by the legal teams in each case on a regular basis, having given multiple depositions at each company as a matter of my professional responsibility, I of course recognize your personal attack as just another exercise by the empty suit crowd.

For sure the Comer matter has perhaps a 50/50 chance of succeeding in its claims because good lawyering and the correct judge can always get a bad decision...most people realize on average these things are 50/50.

If you think your lectures on abiogenesis, better than thou lectures, claims to moral, ethical and theological superiority have any validity with me you are dreaming.

I have been observing this crowd since 1974 when they single handedly prevented further publication of technical articles in Popular Mechanics by Forest Mims (I believe he is still the most prolific and widely acclaimed author of practical technical books on record) simply because of his faith and disagreement with the scientific community on the explanatory power of evolution, writ large.

Since I was alarmed that the evolutionary community could carry out such brownshirt actions against someone with his credentials and abilities, I have continued to follow the raw power and ruthless actions of this group as it pushed its atheist, Christ hating agenda into all things educational under the guise of promoting good science, protecting science, etc.

Regret ably, to protect their position in the community, avoid persecution themselves, and continue to enjoy a little ego stroking and "consider themselves wise" some Christians, like you, have compromised all essential beliefs, compartmentalized their lives, and caved. I would be wary of compliments received from this crowd.

I am thankful that I will never be associated with these Christ hating zealots and thus will not be in the position of explaining my sellout for personal gain and prestige from their approval and association..at the appropriate time.

Thirty pieces of silver is apparently still a sufficient price for some.

I would rather have OBL into my home than the principals of this dreaded cult. They are much more dangerous to America, western civilization, and my grand-kids than all the radical Muslim terrorists in the world.

No one is fooled by this protect science, back to the dark ages silliness..the agenda is nothing less than the complete secularization of every aspect of American life, the destruction of any faith, and eventually the destruction of any adherents by the sword if necessary.

This has been seen before in Russia under Stalin, in Germany under Hitler, in China under Mao, etc. and we have much to fear.

It is good to have become "acquainted" with ones avowed enemies as it may yet be of benefit.

Thanks for the motivation to continue my financial support of those dedicated to at least slowing the mongrel hordes in their progress.

Eric · 10 July 2008

keith said: I have been observing this crowd since 1974 when they single handedly prevented further publication of technical articles in Popular Mechanics by Forest Mims (I believe he is still the most prolific and widely acclaimed author of practical technical books on record) simply because of his faith and disagreement with the scientific community on the explanatory power of evolution, writ large.
Politics can stop you from publishing, but ultimately, if you build a better airplane or find the cure for cancer, people will listen. ID has contributed no useful technology to our society. If you think you have a spectacular idea and no one will fund you, go to DI. They have a $3-$4 million/year average budget. If you can't produce something even minorly useful for millions of dollars, then why *should* we listen to you?

Marion Delgado · 10 July 2008

I don't understand why Keith continues to egregiously slur Hitler and the Nazis. Fighting atheism, communism and materialist science, as well as slowing the mongrel hordes in their progress, were primary Nazi goals.

Marion Delgado · 10 July 2008

I apologize, I forgot to give the URL - one of many - to support my statement above: http://atheism.about.com/od/adolfhitlernazigermany/tp/HitlerNazisAtheismSecularism.htm
Secular schools can never be tolerated because such schools have no religious instruction, and a general moral instruction without a religious foundation is built on air; consequently, all character training and religion must be derived from faith ...we need believing people
--A Hitler
We were convinced that the people need and require this faith. We have therefore undertaken the fight against the atheistic movement, and that not merely with a few theoretical declarations: we have stamped it out.
--A Hitler
In Freethinkers Hall, which before the Nazi resurgence was the national headquarters of the German Freethinkers League, the Berlin Protestant church authorities have opened a bureau for advice to the public in church matters. Its chief object is to win back former churchgoers and assist those who have not previously belonged to any religious congregation in obtaining church membership. The German Freethinkers League, which was swept away by the national revolution, was the largest of such organizations in Germany. It had about 500,000 members.
--The New York Times, May 14, 1933

keith · 10 July 2008

Marion,

You prove my point that claiming to present one cause in order to propagandize the student population, subvert the religious, and invade the court system a cult of zealots can effect the entire takeover of a society by the Nazi mentality and eventually murder all opponents, particularly those of religious heritage.

I have seen the face behind your mask and it is quite recognizable.

Dave Thomas · 10 July 2008

keith said: ...Since I was alarmed that the evolutionary community could carry out such brownshirt actions against someone with his credentials and abilities, I have continued to follow the raw power and ruthless actions of this group as it pushed its atheist, Christ hating agenda into all things educational under the guise of promoting good science, protecting science, etc. ... I am thankful that I will never be associated with these Christ hating zealots and thus will not be in the position of explaining my sellout for personal gain and prestige from their approval and association..at the appropriate time. Thirty pieces of silver is apparently still a sufficient price for some. I would rather have OBL into my home than the principals of this dreaded cult. They are much more dangerous to America, western civilization, and my grand-kids than all the radical Muslim terrorists in the world. No one is fooled by this protect science, back to the dark ages silliness..the agenda is nothing less than the complete secularization of every aspect of American life, the destruction of any faith, and eventually the destruction of any adherents by the sword if necessary. ...
Keith, you are making at least two huge mistakes here. First, by branding everyone who accepts the abundant reams of evidence (biological, paleontological, genetic, more) supporting evolution, e.g. descent with modification, as "Christ-hating zealots," you show that you have fallen for the biggest Creationist Lie of all. Ken Miller, Francis Collins, Theodosius Dobzhansky, etc. etc. are NOT "Christ-hating zealots," despite your pitiful attempt to marginalize them as such. Secondly, it is not scientists who are calling for "the destruction of any adherents by the sword if necessary," but rather the Creationists. Case in point: PvM's article on Tom Willis of the Creation Science Association for Mid-America, who recently said

The arrogance displayed by the evolutionist class is totally unwarrented [sic]. The facts warrent [sic] the violent expulsion of all evolutionists from civilized society. I am quite serious that their danger to society is so great that, in a sane society, they would be, at a minimum, denied a vote in the administration of the society, as well as any job where they might influence immature humans, e.g., scout, or youth, leader, teacher and, obviously, professor. Oh, by the way… What is the chance evolutionists will vote or teach in the Kingdom of God?

See? It's the Creationists who are calling for violent expulsion of their oppenents, not scientists. Keith, you can shout as loud as you want, and repeat the same claims as many times as you want, and you will still convince none of the regulars here at the Thumb. And, that's not because we're wild-eyed atheist zealots, but rather because we're smart enough to know better than to believe the obviously false rantings of religious zealots, like yourself. Dave

Olorin · 10 July 2008

keith said:This has been seen before in Russia under Stalin, in Germany under Hitler, in China under Mao, etc. and we have much to fear.
Yes, it was seen before, with disastrous results. In the 1920s, the USSR was the breadbasket of Europe, even after Stalin’s forced collectivization. Then came Trofim Lysenko, with his Lamarckian views that fit hand-in-glove with Communist ideology. Plant the same crop together, he said, because, being of the same class, they will cooperate, rather than competing, as different “classes” of crops would. Stalin bought this line, and suppressed Darwinian evolutionary research, even imprisoning many world-famous biologists. By the 1970s, the USSR was wracked by famines. The government finally came to its senses and liquidated Lysenko, But it was too late. The damage of replacing science by ideology had already been done, and the shortqges were one of the major reasons for the implosion of the USSR. Nazi Germany suppressed relativity and quantum mechanics as products of “Jewish science,” and drove out the scientists who accepted these theories, replacing them with second-raters who followed the party line. This ideological suppression of science drove many scientists to flee to England and America. Where a number of them employed these theories to devise atomic weapons to defeat the Axis. So Hitler’s ideological suppression of science was counterproductive, to say the least. And Germany, which formerly ruled the roost in theoretical physics, is now an also-ran. Here's another example of ideology trumping science. By the 9th Century, Baghdad was the scientific capital of the world. While Europe slept through the Dark Ages, Islamic scholars retrieved Greek science and added to it in chemistry, astronomy, mathematics, and other fields. Then the mullahs decided that this knowledge conflicted with the Qur’an, and they quashed it. An awakening Europe was more than happy to build upon the Arabs’ science–to the detriment of the Islamic world; Baghdad is now the capital of misery, not knowledge.

PvM · 10 July 2008

keith said: If you think your lectures on abiogenesis, better than thou lectures, claims to moral, ethical and theological superiority have any validity with me you are dreaming.
Oh I have no pretense that my efforts to educate you in the concepts of science, law and other areas of knowledge will have any chance of success with you. But that does not prevent me from extending a helpful hand to my confused fellow Christian. Of course I am not claiming moral, ethical or even theological superiority, heavens forbid. I am however claiming a scientific advantage over someone who seems by all credible measures to be unfamiliar with or uncomfortable with the recent progress by science made in these areas. As to theological or moral superiority, one may ask what contributions name calling has to make to theology or morality, other than to undermine and weaken the arguments. Making foolish statements, especially about issues of science does run the risk however of causing significant theological damage. As a former YECer I have seen this first hand. And I am not even talking about the scientific damage and educational damages.

PvM · 10 July 2008

keith said: Marion, You prove my point that claiming to present one cause in order to propagandize the student population, subvert the religious, and invade the court system a cult of zealots can effect the entire takeover of a society by the Nazi mentality and eventually murder all opponents, particularly those of religious heritage. I have seen the face behind your mask and it is quite recognizable.
Was it a mirror?

stevaroni · 10 July 2008

I have been observing this crowd since 1974 when they single handedly prevented further publication of technical articles in Popular Mechanics by Forest Mims (I believe he is still the most prolific and widely acclaimed author of practical technical books on record)

Wow, he was forced to stop publishing in 1974. I wonder why his amateur electronics articles were all over the place when I was in high school in the early 80's. I seem to recall them rather distinctly, since I was deep into electronics (became an electrical engineer) and his little projects served as the basis for many early experiments. He may count as "one of the most prolific authors" though, since 7 million or so copies of his "Engineers Notebooks", cookbooks of basic electronic circuits, have been sold at Radio Shack since the 70's and were only recently discontinued as Radio Shack de-emphasized electronic components. A thirty year, 7 million edition run, or so. Hardly the standard definition of a blacklisted author. Of course, circuit cookbooks are about the limit of his "scholarly" work, but for some reason you fail to mention that in your persecution rant.

PvM · 10 July 2008

stevaroni said:

I have been observing this crowd since 1974 when they single handedly prevented further publication of technical articles in Popular Mechanics by Forest Mims (I believe he is still the most prolific and widely acclaimed author of practical technical books on record)

Wow, he was forced to stop publishing in 1974. I wonder why his amateur electronics articles were all over the place when I was in high school in the early 80's.
Did Keith confuse Popular mechanics and Scientific American? Was it not Mims who 'outed' Pianka? How does Keith feel about this?

Paul Burnett · 10 July 2008

keith said: I have been observing this crowd since 1974 when they single handedly prevented further publication of technical articles in Popular Mechanics by Forest Mims...
Interesting...Forest Mims has been discussed here before by Nick Matzke - see http://www.pandasthumb.org/archives/2006/04/forrest_mims_cr.html - which mentions "disgruntled creationist Forrest Mims."

stevaroni · 10 July 2008

We're starting to drift off of Chris Comer and the TEA...

Which, I assume, is the entire idea as Keith works hard to derail another thread.

Stanton · 10 July 2008

Speaking of Nazis, I find it very odd that those who would claim that the Nazis were obsessive "Darwinists," and yet, saw it necessary to expel one Professor Rudolph Kaufmann, despite being an expert "Darwinist" who specialized in studying Cambrian trilobites, from his position as a University professor.

Stanton · 10 July 2008

That is, it seems extremely odd that the Nazis would fire a scientist as talented as Professor Kaufmann, especially since he devised his own explanation of punctuated equilibrium at least 4 decades before before the Darwinist (sic) Stephen J. Gould did.

Stanton · 10 July 2008

stevaroni said: We're starting to drift off of Chris Comer and the TEA... Which, I assume, is the entire idea as Keith works hard to derail another thread.
Speaking of which, why should Chris Comer be regarded as a "loose cannon" if all she wanted to do was to make sure that good science was to be taught in Texas classrooms?

Olorin · 10 July 2008

Ah, yes, keith invokes Forrest Mims III. He certainly wasn’t barred from Popular Electronics in January 1975. At the time my kids were high on model rocketry, and I was involved with IBM’s first attempt at a personal computer, the IBM 5100.[1] So we all knew about Maj. Forrest Mims, USAF, the college government major who designed cool electronics projects you could build inexpensively. Now, of course, he has worked his way up to Fellow of the Discovery Institute and of the International Society for Complexity, Information and Design, where in 2001 he wrote an article for their captive journal on “Spectral Absorption and Response.”[2]

And here’s a good anecdote for Keith to tell. Mims alleged that Scientific American refused to hire him to take over the Amateur Scientist column in 1988 because of his creationist beliefs. So guess what happened, Keith? The ACLU offered to take his case.[3]

For the present, Mims spends his time denying global warming, and contending that a scientist had advocated genocide to his students..

====

[1] I built one of the first 500 Altairs. I sold it 2 years later, thinking myself lucky to recoup the entire cost. Now, of course, you can’t touch one on eBay for less than....

[2] Subtitled: “Does the association of spectral absorption bands in sunlight with the spectral response of photoreceptors in plants imply coincidence, adaptation, or design?” (I think I know the answer without reading the article.)

[3] But Mims refused their help. The record does not say why.

Stuart Weinstein · 10 July 2008

keith said: PvM, After you read and watch A. E. Wildersmith as I recommended get back to me and explain your disagreements ..that is if a world class scientist's writings have any impact on your clouded mind...you can skip the parts about Christianity if you find those distasteful as he was a powerful witness as well as scientist. But I'm sure your committment to Myers, Dawkins, Harris, and the other Christ haters has pretty well blocked your mind at this point. Be thankful for Grace, Keith
World class scientist? He was a world class druggist. His book on information theory was downright hilarious. " The Scientific Alternative to Neo-Darwinian Evolutionary Theory: Informations Source and Structures" Especially the first couple of chapters where he attempted to stroke his ego by commenting on a wide range of topics like General Relativity. Most hilarious was when he explained the gravitational deflection of starlight on the basis of Newtonian principles. Certainly you can try that. But then you're not talking about GR. Is this your hero? LOL

fnxtr · 10 July 2008

Because it was the wrong kind of science, obviously. Just ask the nutbar a few comments back.

keith · 10 July 2008

Steveroni,

Your post is an absolutely crystal example of the total dishonesty that permeates this cult.

I never said Mims was forced to stop publishing in the sense you wish to erroneously convey, but only that he was blacklisted from ever publishing in Mechanix Illustrated after that period, theretofore he was a regular in that publication.

I remain convinced and believe your faction is incapable of intellectually honest dialogue.

Finding one extremist statement by an individual who professes to be a Creationist and coloring all of your opponents in the discussion is another typical Neo-Nazi tactic that is utterly frightening.

If you can find Miller, Collins, or Dobzhansky being denigrated in my posts please illustrate. Most of their writing is elegant, courteous, reasoned, scholarly, intellectually honest and they uniformly condemn the religious hatred ingrained in the depraved, neo-nazi element rhetoric and actions so prominent on the evo post sites.

There is the majority science community who go to work, do their job, perform admirably and never even consider the thoughts and acts of the radical minority that happen to be activist in their neo-nazi persecution of all ideas contrary to their own and to the destruction of individuals so associated.

I have read Collins book on the subject and have complete respect for his position though I cannot adopt it in complete detail. He is an honorable and supremely accomplished individual. He is undoubtedly hated and despised by those on this forum as a practicing Christian.

keith · 10 July 2008

Stuart is another example of a despicable, lying sewer pig.

I referred specifically to the book Origin of Life and if you can call his three earned PhD's as qualifying him as a druggist that is further proof of your deranged hatred.

I personally checked out the facts of his education, teaching credentials, his debate with Dawkins, and such in 1988 and found them impeccable.

See PvM, another lying pig compatriot attacking an honest and accomplished scientist because of his Christianity and opposing views.

tomh · 10 July 2008

Let's give credit where credit where credit is due. Not only has keith once again derailed a thread, he has people talking to him about who hates Christ the most among other irrelevancies. Say what you will about keith, the man is a master at what he does.

PvM · 10 July 2008

All I see a Christian compatriot making a fool of himself unnecessarily using ad hominems and insults. Sad really.
keith said: Stuart is another example of a despicable, lying sewer pig. I referred specifically to the book Origin of Life and if you can call his three earned PhD's as qualifying him as a druggist that is further proof of your deranged hatred. I personally checked out the facts of his education, teaching credentials, his debate with Dawkins, and such in 1988 and found them impeccable. See PvM, another lying pig compatriot attacking an honest and accomplished scientist because of his Christianity and opposing views.

PvM · 10 July 2008

keith said:I have read Collins book on the subject and have complete respect for his position though I cannot adopt it in complete detail. He is an honorable and supremely accomplished individual. He is undoubtedly hated and despised by those on this forum as a practicing Christian.
On the contrary, his Christian faith has nothing to do with the solid work he has done in science. Sure people may disagree about his angle both from a scientific and theological perspective but he like countless other Christians manage to keep the discussion at a mature level without name calling, ad hominems. In fact, contrary to what I have seen here recently, he at least understands the sciences.

Dave Thomas · 10 July 2008

Thread Closure Imminent

Since it's drifting far from Comer's suit, and newer posts have finally appeared (hurrah), it's time to shut 'er down. Get your final licks in if you can.
-Dave

Stanton · 10 July 2008

PvM said: In fact, contrary to what I have seen here recently, he at least understands the sciences.
And therein lies the problem, in that, either creationists can not comprehend the idea of understanding, or even wanting to understand science (thus their conflating it with paganism/atheism/witchcraft/devil-worship), or they actually do understand the idea of wanting to understand science, but, find it politically more profitable to promote ignorance and bigotry among their minions and brethren. And, sadly, such was/is the sad circumstance of Chris Comer in Texas.

dhogaza · 11 July 2008

Since it's shutting down, might as well add to the off-topic fun!
he has people talking to him about who hates Christ the most among other irrelevancies...
Actually ... i think it's a fascinating question for another thread somewhere (not PT): Who, among Christians, hate Christ the most? That seems to be the basic theological question raised by Keith. It's not about Christians loving Jesus, it's about proving that Christians hate Jesus! No wonder their minds crack under the stress ...

Dale Husband · 11 July 2008

keith said: PvM (imposter) When I'm dealing with totally untruthful people, abysmally ignorant outside their narrow sub-subject of science, malicious, mentally deranged true believers it is best to check out the facts independent of anything they have posted. This is particularly true of people who compartmentalize their world view and their faith, and their vocation in to little logic tight boxes for gain, prestigue, career, lucre and approval. Lets see multiple documented cases of policy violations, counseling sessions, and documentation on file for a one year period at least, continuing violations, ignoring policies in general.hmmmmmmm! All of which are included in the letter.
Projection is the classic tactic of the hypocrite. Enough said!

Dale Husband · 11 July 2008

keith said: Stuart is another example of a despicable, lying sewer pig. I referred specifically to the book Origin of Life and if you can call his three earned PhD's as qualifying him as a druggist that is further proof of your deranged hatred. I personally checked out the facts of his education, teaching credentials, his debate with Dawkins, and such in 1988 and found them impeccable. See PvM, another lying pig compatriot attacking an honest and accomplished scientist because of his Christianity and opposing views.
You are so full of it that I wonder if you profess any real religion at all. Just because someone claims to have scientific credentials doesn't prevent him from being a idiot. And if you, an idiot, admire him, that gives me no confidence in his judgement.

Stuart Weinstein · 11 July 2008

keith said: Stuart is another example of a despicable, lying sewer pig. I referred specifically to the book Origin of Life and if you can call his three earned PhD's as qualifying him as a druggist that is further proof of your deranged hatred. I personally checked out the facts of his education, teaching credentials, his debate with Dawkins, and such in 1988 and found them impeccable. See PvM, another lying pig compatriot attacking an honest and accomplished scientist because of his Christianity and opposing views.
Well, I've been called worse by better people than you. Lets see, a PH.D. in pharmocology, Organic Chemistry.. and I forgot what the other one was in.. Hmm. sounds like an evolutionary biologist to me.. I could care less about his religion, silly. However, when one tries to give a brief primer on GR, and computes the deflection of light by the sun, using Newtonian gravity acting on the relativistic mass, I'm sorry but I have to laugh. He may be accomplished in the field of Pharmocology, but he didn't know squat about physics, nor much else, what he wrote about in that book. Sorry if that pains you. But his book "The Scientific Alternative... " was a laugh riot. Sometimes scientists make fools of themselves when they write on subjects outside of their chosen fields and they didn't do their homework. Or when they have another agenda thats not quite scientific. If you don't believe what I wrote is true, then read the book yourself.

MPW · 11 July 2008

Olorin said: Mims alleged that Scientific American refused to hire him to take over the Amateur Scientist column in 1988 because of his creationist beliefs. So guess what happened, Keith? The ACLU offered to take his case.
What, are you serious? Why on earth would they do that? On what grounds? Assuming for the sake of argument that his allegation is correct, it would seem to me that "applicant misunderstands and/or lies about fundamental scientific matters" is entirely sufficient reason for a high-profile science publication to refuse to take someone on as a regular commentator. What principle did the ACLU think it was defending here?

observer · 11 July 2008

ultimately, the truth will win.
On this point you are 100% correct. Truth cannot be suppressed completely forever. It always remains a constant and there will always be some who seek truth. "You shall KNOW the truth..." That day is coming. Abraham Lincoln had some remarkable things to say about truth.
Abraham Lincoln: How many legs does a dog have if you call the tail a leg? Four; calling a tail a leg doesn't make it a leg. Truth is generally the best vindication against slander.

eric · 11 July 2008

"For a successful technology, reality must take precedence over public relations, for Nature cannot be fooled." -R. Feynman. Challenge to FL, Observer, and Keith - identify one successful technology DI has produced through its research.
observer said:
ultimately, the truth will win.
On this point you are 100% correct. Truth cannot be suppressed completely forever. It always remains a constant and there will always be some who seek truth. "You shall KNOW the truth..." That day is coming. Abraham Lincoln had some remarkable things to say about truth.
Abraham Lincoln: How many legs does a dog have if you call the tail a leg? Four; calling a tail a leg doesn't make it a leg. Truth is generally the best vindication against slander.

Dave Thomas · 11 July 2008

THE FAT LADY HAS SUNG
... and the thread is closed. At least it was reasonably well-behaved until the wrap up.

Stay tuned to the Thumb for developments on the Comer/Texas suit.

Cheers, Dave