Legal Science (jurisprudence)

This past June, Discovery Institute announced it was settling its public documents lawsuit against the California Science Center (CSC). The lawsuit had been filed last December after CSC refused to disclose public documents pertaining to its cancellation of a rental contract with American Freedom Alliance (AFA) to allow AFA to show a pro-intelligent design video at CSC’s facilities. Per the terms of the settlement, CSC was to deliver to Discovery Institute many of the documents which we originally requested. Those documents have now been delivered, and combined with other previously known documents, they reveal striking evidence of CSC’s viewpoint discrimination against intelligent design (ID) in AFA’s case. For starters, multiple individuals within CSC expressed animus towards ID: I personally have Read More ›

The following except from my article, “Zeal for Darwin’s House Consumes Them: How Supporters of Evolution Encourage Violations of the Establishment Clause,” published in Liberty University Law Review earlier this year, analyzes the decision in C.F. v. Capistrano Unified School District. In that case, a federal district court judge in Southern California found that a teacher, Corbett, violated the First Amendment by attacking the religious viewpoint of creationism in a public high school classroom. A student sued and the judge found that some of the student’s claims had merit. To give a preview of my argument regarding that case, the section of the article that discusses this case offers the following conclusion: Either a viewpoint is religious and thereby unconstitutional Read More ›

A few months back, Liberty University Law Review released an article, “Zeal for Darwin’s House Consumes Them: How Supporters of Evolution Encourage Violations of the Establishment Clause,” I published in their journal last year. The article came after a legal symposium they hosted last year that included speakers such as Ed Sisson, Jay Wexler, Arnold Loewy, John Calvert, and myself. Wexler and Loewy are, of course, ID-critics so it made for an interesting dialogue. My experience at the symposium was that all were highly civil and thoughtful in the exchange. Below I reproduce the introduction to my article, and in a subsequent post will reprint my analysis of the decision in C.F. v. Capistrano Unified School District from last year. Read More ›

In 2007, Chris Comer was forced to resign from her job at the Texas Education Agency (TEA). She then filed a lawsuit alleging she was forced to “stay neutral on creationism,” and claimed that TEA’s “neutrality” policy violated the First Amendment. We reported last year when Comer lost on summary judgment at the federal district court level. Comer then appealed her case to the Fifth Circuit Court of Appeals, which filed its ruling on July 2 upholding the district court’s decision and tossing Comer’s case. The Fifth Circuit held, “we find no evidence to support the conclusion that the principal or primary effect of TEA’s policy is one that either advances or inhibits religion, we conclude that the policy does Read More ›

As recently discussed on Evolution News, Discovery Institute has settled its lawsuit with the California Science Center (CSC). From our perspective, this is a very favorable settlement because (1) we are getting all of the documents we originally requested but they withheld, and (2) CSC is paying part of our court costs and attorneys’ fees. But now that the case has settled, the untold story is the pre-textual explanations that CSC made to rationalize why they refused to disclose public documents from certain employees, documents which might have shown evidence of CSC’s viewpoint discrimination against intelligent design (ID). Our lawsuit filed last December alleged that “CSC has failed to provide a single document reflecting communications from decision makers at CSC Read More ›

The California Science Center (CSC) has agreed to settle a lawsuit with the pro-intelligent design Discovery Institute and release records that it previously sought to conceal regarding its cancellation of the screening of a pro-intelligent design film last year. “After months of stonewalling by the Science Center, this is a huge victory for the public’s right to know what their government is doing, especially when the government engages in illegal censorship and viewpoint discrimination,” said Dr. John West, Associate Director of Discovery Institute’s Center for Science and Culture. The Science Center continues to “deny any and all liability relating to the claims,” according to the settlement agreement. However, it agreed to pay Discovery Institute’s legal fees and to surrender more Read More ›

Critics of David Coppedge’s lawsuit against Jet Propulsion Laboratory (JPL) alleging discrimination against his pro-intelligent design views have been repeatedly misrepresenting the facts of his case. The latest example is an attorney quoted in an article with Federal News Radio who makes a number of factual errors. According to the article, Bill Bransford, a partner at the Washington D.C.-based law firm Shaw, Bransford and Roth, stated, “Coppedge apparently ‘believed he was talking to willing people about his theories, but apparently some of these people complained.’” Bransford does not seem to be aware of the facts of Coppedge’s case, since Coppedge was specifically told by his supervisors that no one he’d spoken to about intelligent design (ID) had complained. Bransford goes Read More ›

Alliance Defense Fund (ADF), a national legal organization whose allied attorneys have logged over 100 million dollars worth of pro bono hours of legal work, has issued a statement backing David Coppedge’s lawsuit against Jet Propulsion Laboratory. A recent article in the Christian Post reporting on the ADF news release summarizes Coppedge’s plight: Last March [2009], Coppedge was accused of “pushing religion” on his co-workers after he began engaging colleagues in conversations about intelligent design — a theory that life and the existence of the universe derive not from undirected material processes but from an intelligent cause — and offering DVDs on the subject when the co-worker expressed interest. His supervisor, Gregory Chin, allegedly received complaints from employees and threatened Read More ›

Gonzaga University law professor David DeWolf’s recent article in University of St. Thomas Journal of Law and Public Policy retells the history of the Santorum Amendment. This first installment explained the circumstances surrounding the adoption of the Santorum Amendment language into the Conference Report of the No Child Left Behind Act. This second installment will quote further from his article, “The ‘Teach the Controversy’ Controversy,” and give examples of how evolution lobbyists have not only wrongly accused “teaching the controversy” proponents of “misleading” school boards “as to the content of the law,” but also how these same Darwin advocates have themselves understated the importance of Congress’s statement in the Santorum Amendment. Professor DeWolf’s full article can be read here. The Read More ›