Religious Discrimination in WI: School Art Project Sparks Lawsuit
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Religious Discrimination in WI: School Art Project Spar... - 4/11/2008 10:37:17 AM
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gengwall
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I can't believe this story slipped under the radar here... An attorney with the Alliance Defense Fund, a Christian legal advocacy group representing the student, said Tuesday that Tinker v. Des Moines Community School District, a landmark 1969 case that upheld a student’s right to free speech, will be applied on behalf of a student who received a failing grade for an art project that included religious content. The family of “A.P.” filed a federal lawsuit Friday in the U.S. District court in Madison. http://www.tomahjournal.com/articles/2008/04/06/news/00lead.txt http://www.alliancedefensefund.org/news/story.aspx?cid=4442
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RE: Religious Discrimination in WI: School Art Project ... - 4/11/2008 7:28:59 PM
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Marcus.
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It didn't. It is in the Persecution in America Thread. Post 117.
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RE: Religious Discrimination in WI: School Art Project ... - 4/11/2008 7:49:16 PM
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1love1God1way
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Good golly. . . these types of stories just never stop showing up.
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RE: Religious Discrimination in WI: School Art Project ... - 4/11/2008 9:37:18 PM
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SonInMe1
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Did this student fail becuase of the content of the art...or the quality of art?
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RE: Religious Discrimination in WI: School Art Project ... - 4/12/2008 12:47:35 AM
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Zhi
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There's a picture of it at the start of this YouTube "news report" http://youtube.com/watch?v=LrczdmW7550 It's not the greatest thing I've ever seen, but it's not deserving of a zero merely on artistic grounds...
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RE: Religious Discrimination in WI: School Art Project ... - 4/12/2008 4:04:02 AM
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Annie64
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Normally I defend people who are discriminated against for being Christians, but in this case, I'm not so sure. It seems to me that if the student did this, knowing the policy, he did it to deliberately provoke a reaction. And when he tore up a copy of the policy in front of the teacher and received a detention for it, it seems to me that he deserved the detention, if only for his attitude. The policy may be wrong, and I think it probably is wrong, but it IMHO, the boy was forgetting that he was under authority in the school. The Bible is clear that when we are under authority, we are under authority, even if that authority is godless. As long as they aren't demanding that we do anything antithetical to our faith, we're supposed to obey. There will still be plenty of examples of persecution if we maintain a Christ-like attitude. Discrimination and persecution doesn't need to be provoked.
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RE: Religious Discrimination in WI: School Art Project ... - 4/12/2008 12:16:49 PM
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1love1God1way
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Annie, Problem is, the authority of the school does not out-do the authority of the Constitution. But, I see what you are saying.
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RE: Religious Discrimination in WI: School Art Project ... - 4/13/2008 11:08:51 AM
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upNORTder
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quote:
ORIGINAL: 1love1God1way Annie, Problem is, the authority of the school does not out-do the authority of the Constitution. But, I see what you are saying. Neither one out does the authority of God.
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RE: Religious Discrimination in WI: School Art Project ... - 4/13/2008 12:04:02 PM
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gengwall
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quote:
ORIGINAL: Annie64 Normally I defend people who are discriminated against for being Christians, but in this case, I'm not so sure. It seems to me that if the student did this, knowing the policy, he did it to deliberately provoke a reaction. And when he tore up a copy of the policy in front of the teacher and received a detention for it, it seems to me that he deserved the detention, if only for his attitude. The policy may be wrong, and I think it probably is wrong, but it IMHO, the boy was forgetting that he was under authority in the school. The Bible is clear that when we are under authority, we are under authority, even if that authority is godless. As long as they aren't demanding that we do anything antithetical to our faith, we're supposed to obey. There will still be plenty of examples of persecution if we maintain a Christ-like attitude. Discrimination and persecution doesn't need to be provoked. The policy itself is the real issue here. Does the government (in this case, the school), have the aouthority or even the right to compel you to "sign your constitutional rights away", in order to receive a government benefit (the class).
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RE: Religious Discrimination in WI: School Art Project ... - 4/13/2008 1:46:20 PM
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1love1God1way
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quote:
ORIGINAL: upNORTder quote:
ORIGINAL: 1love1God1way Annie, Problem is, the authority of the school does not out-do the authority of the Constitution. But, I see what you are saying. Neither one out does the authority of God. Tell that to the public school system.
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RE: Religious Discrimination in WI: School Art Project ... - 4/14/2008 12:07:06 PM
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Jhud
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quote:
I don't disagree there. His attorneys are potraying it in a "civil disobedience" light. How is this for a compromise - The school agrees to change their policy, grade his work, and not infringe on the religious rights of students, but the two detentions stay on his record because he did not follow proper channels and refused to submit to school authority? Yeah, they are rather separate issues I would think.
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RE: Religious Discrimination in WI: School Art Project ... - 4/14/2008 1:45:05 PM
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kernsfamily
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quote:
ORIGINAL: gengwall I can't believe this story slipped under the radar here... An attorney with the Alliance Defense Fund, a Christian legal advocacy group representing the student, said Tuesday that Tinker v. Des Moines Community School District, a landmark 1969 case that upheld a student’s right to free speech, will be applied on behalf of a student who received a failing grade for an art project that included religious content. The family of “A.P.” filed a federal lawsuit Friday in the U.S. District court in Madison. http://www.tomahjournal.com/articles/2008/04/06/news/00lead.txt http://www.alliancedefensefund.org/news/story.aspx?cid=4442 What idiots those administrators are.... If only they would pay attention to their annual "Guidance on Constitutionally Protected Prayer in Public Elementary and Secondary Schools" sent out by the U.S. Department of Education, which goes into great detail regarding issues such as this. IF they bothered to read it, they would see CLEARLY: Religious Expression and Prayer in Class Assignments Students may express their beliefs about religion in homework, artwork, and other written and oral assignments free from discrimination based on the religious content of their submissions. Such home and classroom work should be judged by ordinary academic standards of substance and relevance and against other legitimate pedagogical concerns identified by the school. Thus, if a teacher's assignment involves writing a poem, the work of a student who submits a poem in the form of a prayer (for example, a psalm) should be judged on the basis of academic standards (such as literary quality) and neither penalized nor rewarded on account of its religious content. http://www.ed.gov/policy/gen/guid/religionandschools/prayer_guidance.html BUT....this just "fuels" the myth out there....that it's "Against the Law" or whatever to pray, read bibles or do anything like that at school (which isn't true)..... Propagandists out there will take this story, as is....and run with it....but, won't "follow up" and explain later that they were found to be "mistaken" with regards to the rights of the student and "freedom of expression"....
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RE: Religious Discrimination in WI: School Art Project ... - 4/14/2008 1:49:55 PM
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gengwall
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quote:
ORIGINAL: kernsfamily quote:
ORIGINAL: gengwall I can't believe this story slipped under the radar here... An attorney with the Alliance Defense Fund, a Christian legal advocacy group representing the student, said Tuesday that Tinker v. Des Moines Community School District, a landmark 1969 case that upheld a student’s right to free speech, will be applied on behalf of a student who received a failing grade for an art project that included religious content. The family of “A.P.” filed a federal lawsuit Friday in the U.S. District court in Madison. http://www.tomahjournal.com/articles/2008/04/06/news/00lead.txt http://www.alliancedefensefund.org/news/story.aspx?cid=4442 What idiots those administrators are.... If only they would pay attention to their annual "Guidance on Constitutionally Protected Prayer in Public Elementary and Secondary Schools" sent out by the U.S. Department of Education, which goes into great detail regarding issues such as this. IF they bothered to read it, they would see CLEARLY: Religious Expression and Prayer in Class Assignments Students may express their beliefs about religion in homework, artwork, and other written and oral assignments free from discrimination based on the religious content of their submissions. Such home and classroom work should be judged by ordinary academic standards of substance and relevance and against other legitimate pedagogical concerns identified by the school. Thus, if a teacher's assignment involves writing a poem, the work of a student who submits a poem in the form of a prayer (for example, a psalm) should be judged on the basis of academic standards (such as literary quality) and neither penalized nor rewarded on account of its religious content. http://www.ed.gov/policy/gen/guid/religionandschools/prayer_guidance.html BUT....this just "fuels" the myth out there....that it's "Against the Law" or whatever to pray, read bibles or do anything like that at school (which isn't true)..... Propagandists out there will take this story, as is....and run with it....but, won't "follow up" and explain later that they were found to be "mistaken" with regards to the rights of the student and "freedom of expression".... I posted this on another forum. Not only are those the "official" guidelines of the Dept of Ed, but they are also the adopted and accepted guidelines of the aclu and of atheist organizaqtions.
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RE: Religious Discrimination in WI: School Art Project ... - 4/14/2008 2:07:45 PM
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briar-rose
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He might of not done the right thing but since the policy was wrong to begin with hopefully they will do the right thing and take it off his record.
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RE: Religious Discrimination in WI: School Art Project ... - 4/15/2008 7:44:52 AM
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Sun_Tzu
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quote:
ORIGINAL: Annie64 Normally I defend people who are discriminated against for being Christians, but in this case, I'm not so sure. It seems to me that if the student did this, knowing the policy, he did it to deliberately provoke a reaction. And when he tore up a copy of the policy in front of the teacher and received a detention for it, it seems to me that he deserved the detention, if only for his attitude. The policy may be wrong, and I think it probably is wrong, but it IMHO, the boy was forgetting that he was under authority in the school. The Bible is clear that when we are under authority, we are under authority, even if that authority is godless. As long as they aren't demanding that we do anything antithetical to our faith, we're supposed to obey. There will still be plenty of examples of persecution if we maintain a Christ-like attitude. Discrimination and persecution doesn't need to be provoked. I totally agree with you. The teacher may have implemented that policy due to having bad previous experiences. Basically I think as a teacher in a public system, you have to draw the line somewhere with "freedom of speech", because although it is a sacred gift people tend to abuse it to the point of offending others. At that point it is more of an issue of manners and compassion towards others but nevertheless, it is still an issue. IMO, I think the student is in the wrong. Although that most here agree that the content is good content, it still flies in the face of the instructions. TO me this looks like a challenge on authority by a child and quite frankly I find it appalling that the parents are siding with the child. Regardless of religious beliefs and how they may feel about the policies, this is teaching the child to rebel when they don't like the rules. There are ways to challenge policies and this isn't the way. They should be teaching the child to be going through diplomatic channels and not igniting a fire then try to extinguish it by beating it.
< Message edited by Sun_Tzu -- 4/15/2008 7:51:21 AM >
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RE: Religious Discrimination in WI: School Art Project ... - 4/15/2008 8:23:18 AM
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gengwall
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quote:
ORIGINAL: Sun_Tzu quote:
ORIGINAL: Annie64 Normally I defend people who are discriminated against for being Christians, but in this case, I'm not so sure. It seems to me that if the student did this, knowing the policy, he did it to deliberately provoke a reaction. And when he tore up a copy of the policy in front of the teacher and received a detention for it, it seems to me that he deserved the detention, if only for his attitude. The policy may be wrong, and I think it probably is wrong, but it IMHO, the boy was forgetting that he was under authority in the school. The Bible is clear that when we are under authority, we are under authority, even if that authority is godless. As long as they aren't demanding that we do anything antithetical to our faith, we're supposed to obey. There will still be plenty of examples of persecution if we maintain a Christ-like attitude. Discrimination and persecution doesn't need to be provoked. I totally agree with you. The teacher may have implemented that policy due to having bad previous experiences. Basically I think as a teacher in a public system, you have to draw the line somewhere with "freedom of speech", because although it is a sacred gift people tend to abuse it to the point of offending others. At that point it is more of an issue of manners and compassion towards others but nevertheless, it is still an issue. IMO, I think the student is in the wrong. Although that most here agree that the content is good content, it still flies in the face of the instructions. TO me this looks like a challenge on authority by a child and quite frankly I find it appalling that the parents are siding with the child. Regardless of religious beliefs and how they may feel about the policies, this is teaching the child to rebel when they don't like the rules. There are ways to challenge policies and this isn't the way. They should be teaching the child to be going through diplomatic channels and not igniting a fire then try to extinguish it by beating it. You should review the Tinker decision and then reconsider your position that "Basically I think as a teacher in a public system, you have to draw the line somewhere with "freedom of speech", because although it is a sacred gift people tend to abuse it to the point of offending others". The school has to have a compelling reason and a legitimate concern that speech is going to cause a significant disruption to curb that speech. And there is no such thing in this country as the right to not be offended. Heck, Christians are offended almost daily by both teachers and fellow students. Demonic imagry and eastern religious symbols are all over the very school that this case is being brought against, but the Christian student is not asking for that speech to be curtailed. It is only because of the discriminatory silencing of only Christian religious speech that the school is in trouble. Do you really believe a school should be able silence speech for only the religions the teachers disagree with? Regarding the child's response, again, you should do a little more research. The student and his parents had three meetings with the school to try and resolve this. The school won't budge on the policy. A law suit is the student's last resort. Or maybe you think that schools should be allowed to bully and violate the constitutional rights of people without any accountability or consequence. What do you suggest would be a better course of action for the student and his parents?
< Message edited by gengwall -- 4/15/2008 8:31:56 AM >
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RE: Religious Discrimination in WI: School Art Project ... - 4/15/2008 8:49:48 AM
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WormHeart
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Apart from the whining tone of the YouTube clip, I cannot see how anyone could not back the student in this case. It seem pretty straightforward. School policy cannot infringe on constitutional rights - the end. There are a few fuzzy spots however. The teacher policy: quote:
“art work that has any violence, blood, sexual connotations or religious beliefs will not be accepted.” So - a cross should obviosly be accepted (per the constitution). How about the other exceptions, if they are in a religious framework? A bloodied Christ on the cross? This would violate two of the exceptions, three if the soldier was plunging a spear into his side. Not picking a fight, just asking for your opinions. Should they all be fine, as long as they are expressed within a religious frame? WormHeart
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RE: Religious Discrimination in WI: School Art Project ... - 4/15/2008 8:55:10 AM
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gengwall
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quote:
ORIGINAL: WormHeart Apart from the whining tone of the YouTube clip, I cannot see how anyone could not back the student in this case. It seem pretty straightforward. School policy cannot infringe on constitutional rights - the end. There are a few fuzzy spots however. The teacher policy: quote:
“art work that has any violence, blood, sexual connotations or religious beliefs will not be accepted.” So - a cross should obviosly be accepted (per the constitution). How about the other exceptions, if they are in a religious framework? A bloodied Christ on the cross? This would violate two of the exceptions, three if the soldier was plunging a spear into his side. Not picking a fight, just asking for your opinions. Should they all be fine, as long as they are expressed within a religious frame? WormHeart I wondered about the other two things as well. The school may be able to demonstrate that violent art could be reasonably expected to cause a disruption in the classroom. But maybe not. The blood thing seems silly, except that the school might see it inextricably tied to violence. It will be interesting to see how this pans out. I would guess that other school policies of zero tolerance for weapons probably come into play as well. So your scenario of the soldier piercing Jesus may violate all the provisions of the grading policy as well as the schools weapons policy. Now, that would be a very interesting.
< Message edited by gengwall -- 4/15/2008 9:02:17 AM >
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RE: Religious Discrimination in WI: School Art Project ... - 4/15/2008 10:33:19 AM
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kernsfamily
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quote:
The blood thing seems silly, except that the school might see it inextricably tied to violence. It will be interesting to see how this pans out. I would guess that other school policies of zero tolerance for weapons probably come into play as well. Still, I find it bizarre that an ART teacher, of all people, would entirely rule out "violence" and "blood" content in ART....geez.... wouldn't that all depend on the CONTEXT of it's usage....perhaps it's a revolutionary, or civil war illustration (would be blood and/or "violence")..and the artwork be of "historical significance".......or, perhaps, the student would be experimenting with medical illustrations (blood)....(very lucrative field, I might add).... then again...here in the Dallas area, there was an art teacher who was FIRED last school year. And why? for taking her students to the ART MUSEUM! (which she did regularly!) (after getting "fired", she was inundated with job offers from many other school districts in the area). some people just can't think ....ugh! oh...and Iam an "artist".....a graphic designer/art director....spent the 2nd half of my college career in art school at cincinnati...
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RE: Religious Discrimination in WI: School Art Project ... - 4/16/2008 3:04:57 PM
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WormHeart
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quote:
ORIGINAL: kernsfamily quote:
The blood thing seems silly, except that the school might see it inextricably tied to violence. It will be interesting to see how this pans out. I would guess that other school policies of zero tolerance for weapons probably come into play as well. Still, I find it bizarre that an ART teacher, of all people, would entirely rule out "violence" and "blood" content in ART....geez.... wouldn't that all depend on the CONTEXT of it's usage....perhaps it's a revolutionary, or civil war illustration (would be blood and/or "violence")..and the artwork be of "historical significance".......or, perhaps, the student would be experimenting with medical illustrations (blood)....(very lucrative field, I might add).... then again...here in the Dallas area, there was an art teacher who was FIRED last school year. And why? for taking her students to the ART MUSEUM! (which she did regularly!) (after getting "fired", she was inundated with job offers from many other school districts in the area). some people just can't think ....ugh! oh...and Iam an "artist".....a graphic designer/art director....spent the 2nd half of my college career in art school at cincinnati... Oh, I totally agree - loads of significant art would be missed, if other places had those restrictions in place also. Still, if the constitution overrule local policies (and it does), then it would seem that any kind of depiction, as long as it is religious in nature, would have to be accepted. Hence (in my opinion) a real danger that art-classes could be shut down as to not risk the lawsuits. *Some* student is bound to try to utilize that with some rather graphic results. WormHeart
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RE: Religious Discrimination in WI: School Art Project ... - 5/5/2008 2:17:02 PM
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gengwall
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Update - It looks like the school is trying to work out a settlement. In a conference call on 5/1, both parties made a "joint oral motion to postpone the hearing on plaintiff's preliminary injunction motion...to allow the parties the opportunity to finalize a negotiated settlement to this lawsuit" I continue to support a settlement around this compromise *The school agrees to remove the religious discrimination portion of their grading policy (hopefully they see the writting on the wall that this is unconstitutional) and grade AP's paper on its artisitic merits (I give it a C+); *The disciplinary actions of the school regarding AP's classroom behavior in protest of the grading policy will remain on AP's record as those behaviors were a direct and unrelated (to the policy itself) denial of the school's (i.e. the teacher's) proper and legal authority over its students; In addition, I think it would help heal all wounds if both the teacher and the student appologized to each other for their mutually disrespectful behavior. But that wouldn't probably be part of the official settlement. (I would think this is something that the student's parents and the school board could help facilitate, as the reasonably dispassionate "seconds" in this "duel", and something that they both should agree would be not only right but beneficial)
< Message edited by gengwall -- 5/5/2008 2:42:57 PM >
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RE: Religious Discrimination in WI: School Art Project ... - 5/5/2008 2:25:12 PM
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gengwall
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Breaking news - this Tomah Area School District press release: quote:
The Tomah Area School District has voluntarily agreed to remove religious restrictions with respect to student art work assignments at Tomah High School. The classroom policy was implemented about eleven years ago in response to concerns that the Tomah art teachers had about students including gang symbols, satanic references, and other negative expression in student art work. The policy banned violence, blood, sexual connotations as well as overt religious references in classroom artwork. Until a recent federal lawsuit filed by a Tomah High School student, the art teachers did not receive any complaints from students who appreciated the policy. With respect to the student who filed the federal lawsuit, the teachers attempted to accommodate the student with respect to his religious beliefs. The art teachers will continue to prohibit gang symbols, violence, blood and sexual connotations from student art work. However, students will be permitted to express their religious beliefs in class assignments, so long as any such expression satisfies all relevant assignment criteria. This is, of course, totally "face saving" language but that's ok. As long as the Constitution is upheld, it works for me. It still remains to be seen what the other parameters of the settlement will be.
< Message edited by gengwall -- 5/5/2008 2:44:46 PM >
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DOGBERRY on posters: They have committed false report; moreover, they have spoken untruths; secondarily, they are slanders; sixth and lastly, they have belied; thirdly, they have verified unjust things; and, to conclude, they are lying knaves
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RE: Religious Discrimination in WI: School Art Project ... - 5/5/2008 2:42:04 PM
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Jhud
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Yahooo! Go first Amendment! Thanks for the follow-up gengwall.
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Jack “I mean to live my life an obedient man, but obedient to God, subservient to the wisdom of my ancestors; never to the authority of political truths arrived at yesterday at the voting booth” William F. Buckley Jr. 1925-2008
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