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Conservative's Suit Over Denial of Tenure Allowed to Proceed
New York Law Journal ^ | October 30, 2008 | Joel Stashenko

Posted on 11/17/2008 11:28:46 AM PST by Behind Liberal Lines

A former New York college instructor may proceed with a claim that he was denied tenure because school administrators disapproved of his conservative politics and support for President George W. Bush, not for deficiencies as an educator, a federal judge has ruled.

Michael Filozof has presented sufficient evidence of a possible First Amendment violation ... on his free speech claim, Western District Court Judge David G. Larimer has determined.

Filozof contends the tenure track he was on as a political science instructor at the Rochester, N.Y., community college was suddenly derailed in 2003, during a period of hot debate among students and faculty over the ramp-up to the war in Iraq. His complaint characterized faculty and administrators as liberals who are intolerant of right-of-center viewpoints.

Filozof's department recommended that his contract be renewed for a second year, calling him an "exceedingly gifted teacher" and including unsolicited letters from students praising his work.

The liberal arts dean at the college, Chet Rogalski ... recommended against renewal... The trustees at the college ultimately voted against rehiring Filozof.

"It is clear from Rogalski's handwritten notes outlining the written recommendation that his conclusion ... referred to Filozof's political views," the judge wrote.

The judge also wrote that the timing of the decision not to renew Filozof's contract is "suggestive of a potential causal relationship" between the decision and Filozof's expressions of support for Bush and the Iraq war.

"Politically charged" conversations were occurring at the college about the country's involvement in Iraq, Larimer wrote, and Filozof had posted an American flag sticker on his office door with a pro-Bush slogan on it, leaving no doubt where he stood.

(Excerpt) Read more at law.com ...


TOPICS: Culture/Society; Front Page News; US: New York
KEYWORDS: 1stamendment; academia; academicbias; achillwind; bias; blacklist; censorship; firstamendment; freespeech; judiciary; lawsuit; mikeadams; rats; yeswecan

1 posted on 11/17/2008 11:28:46 AM PST by Behind Liberal Lines
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To: Behind Liberal Lines

The supporters of tolerance are extremely intolerant themselves.


2 posted on 11/17/2008 11:30:06 AM PST by wastedyears (Every FReeper is on Obama's Black List. He will try to have us all "taken care of." Mark my words)
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To: Behind Liberal Lines

Yet Ayers and Dorn are University profs....and no one complains.


3 posted on 11/17/2008 11:33:30 AM PST by AuntB (The right to vote in America: Blacks 1870; Women 1920; Native Americans 1925)
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To: wastedyears
I have the chance right now to pick up a number of days subbing at the local Middle School, but I'm queasy about the politics of schools these days. Lot of good that Master's is doing. Heh.
4 posted on 11/17/2008 11:35:40 AM PST by EggsAckley
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To: EggsAckley

What classes?


5 posted on 11/17/2008 11:36:09 AM PST by wastedyears (Every FReeper is on Obama's Black List. He will try to have us all "taken care of." Mark my words)
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To: AuntB

you have to understand ... conservatives are considered the ENEMY at the vast majority of universities.


6 posted on 11/17/2008 11:36:35 AM PST by webschooner (May piss be upon the One)
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To: wastedyears

I don’t even know. I’m tempted to call the office and ask but then again........at 63 I’m not so sure I want to be in a room all day with a bunch of just-turned-teens and their raging hormones.

I could certainly use the money, however. So I guess I will call to find out.


7 posted on 11/17/2008 11:39:34 AM PST by EggsAckley
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To: Behind Liberal Lines

The school can win the case very easily by saying that GWB is no “conservative” and therefore the dismissal was not based on “conservative politics” of the professor. It will be easy to prove the non-conservatism of GWB.


8 posted on 11/17/2008 11:44:56 AM PST by Theodore R. (The most frightening words in the English language: The American people!)
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To: Theodore R.

...but that would require them to stop claiming that the failures of GWB are proof of the failure of conservatism in general... so that won’t happen.


9 posted on 11/17/2008 11:54:46 AM PST by Behind Liberal Lines
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To: Behind Liberal Lines

Tenure should be abolished!


10 posted on 11/17/2008 12:00:21 PM PST by Islander7 (This Atlas is shrugging! ~ I am Joe!)
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To: EggsAckley

Best of luck to you. I suspect many of your charges will know 100% of their rights and far fewer of their responsibilities.

I also hope you are shown the respect you deserve.


11 posted on 11/17/2008 12:25:40 PM PST by Jacquerie (Democrats - Orwell's Children)
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To: Islander7

Abolish tenure?? How would these “intellectual superiors” make a living in the world of reality? After all, asking a leftist college professor to actually produce something useful...why that would be, what, unfair? And also funny as hell!


12 posted on 11/17/2008 12:26:33 PM PST by Oldpuppymax (AGENDA OF THE LEFT EXPOSED)
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To: Oldpuppymax

Yeah, I know. I’m a cruel, hateful, narrowed minded conservative who actually believes these ‘superior’ beings should meet some sort of standards.

I fantasize about being stranded with a half dozen of these fools in some wilderness area. I’d survive just fine, but it would be a hoot to watch them get their lacy little panties in a wad the first time I killed some food. Ha!


13 posted on 11/17/2008 12:55:06 PM PST by Islander7 (This Atlas is shrugging! ~ I am Joe!)
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To: Theodore R.

After eight (8) years of pure hatred from the left? Surely you jest? Do you really think they would allow such a precedent to be set? I would laugh but the hatred of the left toward ANYONE who does not agree with them is beyond words.


14 posted on 11/17/2008 3:04:17 PM PST by Paige ("All that is necessary for the triumph of evil is that good men do nothing," Edmund Burke)
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To: Behind Liberal Lines

Oddly, some of these libs still see themselves as iconoclasts, busting up the Establishment and the status quo. They fail to recognize that THEY are the status quo! WE must now be the subversives.


15 posted on 11/17/2008 3:04:57 PM PST by informavoracious (It's after midnight, I'm FReepwalking...)
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To: Behind Liberal Lines
A remarkable turnabout has taken place in America. Young folks are lined up in lock step behind fascism and speech codes while many of us elder folk are staunchly against inhibiting free speech and other rights.

Pretty remarkable when the grey hairs are the folks bucking the system.

16 posted on 11/17/2008 3:09:40 PM PST by jwalsh07
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To: EggsAckley

I worked in a kindgergarten class the other day, and was very pleasantly surprised. During an indoor recess, they watched a cartoon movie about the pilgrims and Indians. The pilgrims kept referring to God, and even prayed in thanks to Him. One day, I subbed at a middle school, and in the teacher’s workroom heard one teacher ask another if she ever made it to the Palin rally.

My son is singing an actual Christmas song at his school concert, that mentions the babe in the manger, angels, and wise men :) They also had a Veteran’s Day assembly to honor relatives of the children. All the kids were given little flags. I saw one of the boys riding home on his bike, proudly waving his flag all the way.

Disclaimer: I live in a red state in a red county, so it could be very different in other schools. I am VERY thankful thus far I have not had the experience other Freepers have talked about with their schools. I am willing to homeschool if things get bad, but I’ve been pleased so far.

I’m not saying your experience will be this positive, but it’s worth a shot. You can always stop subbing if it’s a total disaster.


17 posted on 11/17/2008 3:21:46 PM PST by chickpundit
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To: Behind Liberal Lines

btt


18 posted on 11/17/2008 4:39:35 PM PST by Cacique (quos Deus vult perdere, prius dementat ( Islamia Delenda Est ))
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To: EggsAckley

THANK YOU for going into the schools—where we MUST fight the battle against ignorance, which supports the leftist gains. I commend you.

Subbing, you don’t often have much interaction with the politics, but there’s a little. Mostly, you get treated like dirt. :-)


19 posted on 11/17/2008 4:52:40 PM PST by Gondring (Paul Revere would have been flamed as a naysayer troll and told to go back to Boston.)
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To: Behind Liberal Lines

***URGENT*** FOR IMMEDIATE RELEASE!!!

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http://www.lanlamphere.com/public/2008/11/17/secretary-of-state-conspiracy-the-death-of-independence/

SECRETARY OF STATES
CONSPIRACY OF THE DEATH OF INDEPENDENCE!!!
November 17, 2008 | Lan Lamphere | Comments 0
It is the sworn duty of the Secretary of each state in the United States of America to abide by it’s state Constitution, as well as to enforce and defend the Constitution of the United States of America. So if that’s the case, which it is, then why has all fifty Secretary’s of State, who’s job it is to ensure that each person who registers with the State to run for any office be qualified to run for, and uphold that office, simply failed to miss the fact that Barack H. Obama did not have a certified birth certificate, or that Obama’s character is so flawed that he would not be allowed to hold a C.L.E.T. certification to act as a mall security officer due to his affiliations with the terrorist Bill Ayers, the Communist party and more importantly his twenty year support of Rev Jeremiah Wright and Black Liberation Theology spawned by the Sandinista National Liberation Front Rebels in Nicaragua?

Obama’s character has been the focus of Overnight AM’s targeting mechanism for the past week as it was believe by me that the whole birth certificate thing was a trap into the ‘fringe’. Which has not, and will not allow for the recovery of logic by anyone in the media. But, despite Glenn Beck’s, Bill O’Riely’s, and a flurry of other peoples, pleas with the American people to “Give Obama the respect he deserves”, it is obvious that Barack Obama is a sham and a fraud on the American people who without knowledge elected a huckster and a con man to lead them into darkness. And it’s time to UNITE to do something about it!

We The People, of the Patriot Brigade Talk Radio Network, and millions of American’s nation wide have it within our power to remove Barack Obama from office so long as we use our heads. We are all willing to fight the good fight for our country, but we need ammunition that is effective. We’ve lacked that ammo in the past, but now, we have the equivalent of a nuclear weapon in the shear mass of American citizens that are willing to put it all on the line for freedom, liberty and independence of their country from tyrannical forces. And all you have to do is remind your elected officials that this fight isn’t over, and if they can not focus their efforts on rescuing lady liberty then they simply will not hold office.

The Secretary of States across our country have defrauded the American people by failing to respond to the fact that Barack Obama is not qualified, or has yet to prove himself qualified, to be the President Elect of this country. It falls to each Secretary of each state to enforce the state Constitution. One of those duties is to verify that each person allowed to run on a ballot in that state has a certified birth certificate. A copy must be on file in the Secretary of States office, otherwise, the candidate is removed from office, or the ballot.

What does that mean? One of two things. A. That Barack H. Obama must provide a copy of his certified birth certificate, or prove that he is an American citizen, to every Secretary of State nation wide or be removed from the ballot, or removed as a qualified candidate as President-Elect of the United States of America according the United States Constitution, and the State Constitution. B. That every Secretary of State in our Union is working to conceal a conspiracy to withhold a Constitutional requirement to hold public office for local, or national electors, and public information regarding a candidate for any office, or the President of the United States of America.

246.046 Secretary of State and county clerks to seek out evidence of violations. The Secretary of State and each county clerk shall diligently seek out any evidence of violation of any election law. [Formerly 260.325]

Download the PDF files below, and send them to the following people in your state, or government. Also, be sure to email these documents to your friends, neighbors and email list. Or just email them the link to this message. Coastland Technologies is supplying the bandwidth to download the files for free to the world.

Govenor ( your state )
State Representative
State Senate Representatives
State Electors
State Law Enforcement
Secretary of State
Supreme Court Justices
Local Judges
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US Congress
US Senate
President of the United States
We’re working on getting this information together, but you may find some information at the Patriot Brigade Talk Radio Network Message Board. Be sure and post any information you have to share with others who are picking up this very important cause.

Developing…….

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20 posted on 11/17/2008 5:29:43 PM PST by Sirjaxx
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To: wastedyears; Behind Liberal Lines

...and yet every time the liberals push some new perversion or radical leftwing viewpoint on campus, they defend it by saying that college campuses are places for open debate and should welcome a variety of viewpoints and opinions.

They only like open debate between the far left viewpoint and the far far left viewpoint.


21 posted on 11/17/2008 8:27:38 PM PST by generally (Don't be stupid. We have politicians for that.)
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