Posted on 09/14/2011 3:46:31 PM PDT by nickcarraway
Poway Unified School District wins case against high school teacher
A teacher in the Poway Unified School District has been ordered by the U.S. Court of Appeals to remove two large banners that referred to "God" and the "Creator" from his classroom walls.
Brad Johnson, a teacher at Westview High School, had been directed by the district to remove two large banners which read “IN GOD WE TRUST,” “ONE NATION UNDER GOD,” “GOD BLESS AMERICA,” “GOD SHED HIS GRACE ON THEE” and “All men are created equal, they are endowed by their CREATOR.”
The 9th Circuit Court of Appeals announced their unanimous decision on Tuesday, which overturned a previous ruling by a lower court. As a result of the court’s decision, Johnson must remove the banners. The judges said the constitution does not permit Johnson to speak freely in his role as a teacher about his views on God.
The opinion stated, "When Bradley Johnson, a high school calculus teacher, goes to work and performs the duties he is paid to perform, he speaks not as an individual, but as a public employee, and the school district is free to ‘take legitimate and appropriate steps to ensure that its message is neither garbled nor distorted.' "
Johnson is currently the faculty sponsor of the school's student Christian Club, court documents state. Johnson has taught for the district for over 30 years.
The district must wait for the court to tell them how to enforce the order. "We are pleased with the outcome after more than four years in the courts," PUSD Superintendent John Collins said.
No word on whether or not Johnson or his attorney will take their case to the next level.
“We acknowledge that the United States legal process has several levels of appeal, including the Supreme Court, but the district is hoping to move forward without further calls on our limited resources in defending this lawsuit brought against the district,” said PUSD Board president Penny Ranftle.
The battle over the banners started in January 2007, when the school district ordered Johnson to remove them. Johnson took them down but filed a lawsuit short afterward in federal court alleging the district had violated his constitutional rights. The lower court ruled the school district had created a limited public forum for teachers to express their views and ruled in favor of Johnson. On Tuesday, however, the 9th Circuit Court of Appeals reversed the lower court’s ruling.
This isn't the first time the Poway Unified School District has been in court defending themselves over freedom of speech. In 2004, the school district was sued by a student who wore a t-shirt that read, "Homosexuality is Shameful. Be ashamed. Our school embraced what God has condemned." Tyler Chase Harper wore the t-shirt the day the school held an organized "Day of Silence" to protest the silencing of lesbian, gay, bisexual and transgender (LGBT) people due to harassment, bias, and abuse in schools, according to the American Civil Liberties Union. The judge ruled Harper’s t-shirt “invaded the rights of other students.” The case also went to the 9th Circuit Court of Appeals which upheld the ruling in favor of the district.
Harper was a student at Poway High School.
A banner does not establish a religion. Geez...don't judges know how to read??
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Wonder if he had only had one small banner up if anyone would have objected..........
Even to me, this seems a bit of an overkill for a public school.
I love Newt’s idea. If we win a majority in House and Sernate and get the presidency back, just vote to eliminate the 9th Circuit, or just abolish the offices of the judges.
There is always one in the crowd. Even if he just had a plaques on his desk with the words, there would be some crankly parent to object.
“And then they pay them with dollar bills that say....”In God We Trust”. “
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Marxist have to deny God.
It is part of their playbook.
9th circuit is filled with lib-tards, and often have off the wall decisions.
Yes, because we have a, “living, breathing Constitution.” Newt, the space cadet cryptolefty.
Soon to be reversed, as usual.
What is this country without God? A heathen wilderness!!
Another reason for the seperation of school and state.
Oddly enough, from a purely teaching point of view, I have to agree with the 9th Circuit on this. This is based on the four classical rules of teaching, otherwise known as “What gets teachers fired.”
1) Teachers are hired to teach a subject, not soapbox. The easiest way for a teacher to be fired is to bring politics, religion, or any other, unrelated subject into their classroom. There are many, many otherwise fine people who are fired as teachers because they do not have the self discipline to abide by this rule. They simply cannot control themselves.
2) Teachers that go out of their way to get into fights, offend or embarrass their students, their students’ parents, their teacher peers, their department chairman, the administration, and the community, get fired.
3) Teachers who make a spectacle of themselves or their students, usually involving the police, protests, the local news, or worst of all, with lawsuits and litigious lawyers.
4) Teachers who cannot keep what dwells within the pants, within the pants.
While this teacher was crafty in using legally recognized statements of faith in his banner, he was hired to teach calculus. Now, in his capacity as the faculty sponsor of the Christian club, he could, without any heartburn from the administration, have put up his banner in the room used by the Christian club, during its meetings. Then he could have taken it down after those meetings were over.
But he wanted a fight. So as far as this goes, he has violated rules number 1, 2, and 3. Yet though typically he should be fired for this, if he does not continue to cost the school district money they could use to educate students, in a spirit of charity, they might let him keep his job until he retires.
Otherwise, if he persists, he should be fired. And it should not matter one whit that he is a Christian. He could as just as well be a communist, a Muslim, a liberal Democrat, or for that matter, a Republican who could just not shut up and teach.
I would comply by replacing God with Who, as in Who shed his Grace on Thee?
When was the last time you were in a school? Teachers are rewarded on the basis of #1.
Good post - it explains it all. Thanks.
So where is Poway? UK, US, OZ?
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