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Education Law

: Edjurist

This mess is going to trial ...

By Justin Bathon

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I really don't like this case. I have been following it for a while now and each time I think about it, it sort of annoys me more. Before, it was teacher v. school. Now, it is kids v. school & teacher. Here is Mr. Freshwater speaking for himself (pardon the ads). (Also, just some advice ... don't use the phrase half-truths, even if these things are all only 1/2 true, he should still be fired - if you have a lawyer standing next to you, best to let him do the talking).

Anyway, now the case of out Mt. Vernon, Ohio about the coach with various alleged church/state offenses is going to trial. This case makes headlines (such as Drudge & CNN today) because one of the alledged offenses is burning a cross into a kid's skin. But, the offenses go way deeper. If the skin burning allegations are true, than that is a criminal offense and the coach should probably be put in jail for a while. But, as an education lawyer, I am more concerned about the coach's blatant disregard for the First Amendment. He was treating his teams & classes like his own personal church group (if the allegations are true) and for that he should clearly be fired and the school should probably be liable as his religious propagandizing was clearly not a secret within the school. Even if all the other things are not true and this comes down to whether or not he can keep a bible on his desk ... I don't like his chances.

Anyway, we are going to have to hear more about this ridiculous case. Hopefully it will serve as a national warning to other schools who have coaches that like to instill their religion on their students. In happened in my public high school when I was a student, I witnessed other teachers doing it when I was a public high school teacher, and I see it a lot as a professor. These coaches like to talk so much about respect ... how about a little more respect for the First Amendment. 

h/t Religion Clause & Scott McLeod

Full post as published by Edjurist on June 21, 2008 (boomark / email).

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