Re: Steven Williams Case - more factual information

2004-12-10 Thread JMHACLJ


Marc's humorous riposte provides, I suppose, all the analysis that he thinks the Williams' assignment justifies. Having doubts, after laboring in the woodshed from time to time, that such humorous but otherwise pointless posts add anything of substance to the discussion, I will ask those who care to respond to it this question:

Is there any circumstance in the American public schooling context in which any of these assignments may properly be given to students? If there are, what are they? If there are not, why not? 

Jim Henderson
Senior Counsel
ACLJ
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RE: Steven Williams Case - more factual information

2004-12-10 Thread Marc Stern








. Those who have followed my work over the
years know I have been publicly critical of those who would prohibit teaching
about religion. I have just completed-at the request of the Bible Literacy project,
an affiliate of the American Bible Society- , vetting a text to teach about the
Bible and the religious beliefs it engenders. MY colleagues on that
project will, I am certain, testify that I did not shrink from insisting that the
authors explicate religious disputes about the Bible in that book.

Plainly ,there are circumstance in
which religion can be taught to students, although even there a teacher probably
has to follow school guidelines. This teacher is not teaching about religion; he
is not teaching about Christian beliefs about the Resurrection and other matters.
He teaches the resurrection as historical fact, even though it is a
religious belief which I and millions of other Americans deny. His selection of
texts is designed to convey a religious message, not teach history.

Liberals are sometimes suspicious of efforts
to teach about religion in the public schools. They are wrong to think that such
teaching is unconstitutional or unwise. But if Williams cases is an example
of what teaching about religion is about, then it cannot be taught in the
public schools. My remark was then not a humorous riposte as Jim would have it.
For all the hoopla, this is a frivolous case, Its prosecution will set
back efforts to teach religion in the schools in serious and constitutional
way. And it is a scary portend of what The Alliance Defense Fund thinks the law
is that it pursues this case.
Some cases are simply silly, even if they might in some way touch on serious issues.
This is one of them.

Marc Stern









From:
[EMAIL PROTECTED] [mailto:[EMAIL PROTECTED] On Behalf Of [EMAIL PROTECTED]
Sent: Friday, December 10, 2004
12:33 PM
To: [EMAIL PROTECTED]
Subject: Re: Steven Williams Case
- more factual information







Marc's humorous riposte provides, I suppose, all the
analysis that he thinks the Williams' assignment justifies. Having
doubts, after laboring in the woodshed from time to time, that such humorous
but otherwise pointless posts add anything of substance to the discussion, I
will ask those who care to respond to it this question:











Is there any circumstance in the American public schooling
context in which any of these assignments may properly be given to
students? If there are, what are they? If there are not, why
not? 











Jim Henderson





Senior Counsel





ACLJ








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Re: Steven Williams Case - more factual information

2004-12-10 Thread Steven Jamar
It is not an easy line to draw, but schools can teach about religion, about religious beliefs, about the roles of religion in history, and so on.  But schools cannot teach the religion as truth.  The school can teach that Muslims belief there is but one god and Mohammed is his prophet, but cannot teach that there is only one god and Mohammed is his prophet.  Schools can teach that most Christians believe in three-gods-in-one or one-god-in-three and that they believe that Jesus is the savior, but cannot teach that Jesus is the savior.
And it matters a lot whether it is a science class or a world ideologies class.

On Friday, December 10, 2004, at 12:32  PM, [EMAIL PROTECTED] wrote:
I will ask those who care to respond to it this question:
 
Is there any circumstance in the American public schooling context in which any of these assignments may properly be given to students?  If there are, what are they?  If there are not, why not? 
 
Jim Henderson
Senior Counsel
ACLJ

-- 
Prof. Steven D. Jamar   vox:  202-806-8017
Howard University School of Law fax:  202-806-8567
2900 Van Ness Street NW   mailto:[EMAIL PROTECTED]
Washington, DC  20008   http://www.law.howard.edu/faculty/pages/jamar/

Love the pitcher less and the water more.

Sufi Saying
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Re: Steven Williams Case - more factual information

2004-12-10 Thread Ed Brayton




Robert K. Vischer wrote:

  
  
  
  
  Lets focus
on the assignment to
interview a Christian family about Easter and present the findings, as
that
seems, at least in my view, to be the least egregious. If Williams had
given similar interview assignments covering other faith traditions at
other
holidays, wouldnt that be palatable? If he was even-handed in the
religious coverage of his assignments, it seems that the assignments
could be
defended as attempts to let students gain insight into the lived
realities of their
communitys faith traditions. The problem with learning about
religion simply as an external object to be studied in a textbook is
that it
necessarily tends to foster an impression of religion as a relic.
Nothing
eviscerates the vibrancy of faith like boiling it down to a two-page
textbook
synopsis. Certainly Williams should not be allowed to present the
resurrection as historical fact, but is there any problem giving the
students access
to individuals who do view the resurrection (or Passover, etc.) as
historical
fact?
  


Yes, that one assignment, aside from the others and in an entirely
different context, might be appropriate. But would you care to lay odds
on whether Mr. Williams had his students interview a Muslim family to
find out how they celebrated Ramadan? I'd say they're probably slim to
none. All of that will of course come out in court or in depositions. 

Ed Brayton




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Re: Steven Williams Case - more factual information

2004-12-10 Thread Steven Jamar
Is it a sociology class?  I think it depends a lot on purpose and presentation.

I also think that we as lawyers, having been trained in a certain kind of compartmentalization and detachment and objectivity (please don't ignore the certain kind and blast me for an assertion I am not making), underestimate the difficulty of making the distinctions that we take for granted.  And the whole experience of a believer is different from that of an outsider and some believers believe that it would be untrue to their beliefs even to investigate other things or to present information they don't agree with as anything but falsehood.  And some of these people are teachers.

My boys experienced a variety of incidents in schools where fundamentalists or evangeilcals and in one instance even young earther Christian teachers made explicit statements about religion and religous truth and/or taught, and in one case tested, certain things that excluded as religions anything other than Islam, Christianity, and Judaism.  These were mostly social science and English teachers.

As much as they or anyone else guards against injecting beliefs into the classroom, it happens -- the time together is just so extensive and intensive.  So we need to cut a bit of slack for those sorts of things.

But there comes a time when the teachers go over the line in assignments or comments or whatever.  And this seems to be one of them.  But I would really need to know all about it to make that decision.

There are those on this list who have in the past opined that it is not possible to teach about religion without demeaning believers in the process -- it is, to them, inherent it teaching about instead of teaching the truth of it.  That level of paranoia or thin-skinnedness or world view or whatever motivates those sorts of comments cannot be responded to effectively.  There is no way around that world view.  But that does not make that world view the right one or grant it a unit veto over the rest of us who want to understand each other.

Steve

-- 
Prof. Steven D. Jamar   vox:  202-806-8017
Howard University School of Law fax:  202-806-8567
2900 Van Ness Street NW   mailto:[EMAIL PROTECTED]
Washington, DC  20008   http://www.law.howard.edu/faculty/pages/jamar/

Whenever you find yourself on the side of the majority, it is time to pause and reflect.

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Re: Steven Williams Case - more factual information

2004-12-10 Thread JMHACLJ



In a message dated 12/10/2004 1:55:19 PM Eastern Standard Time, [EMAIL PROTECTED] writes:
But would you care to lay odds on whether Mr. Williams had his students interview a Muslim family to find out how they celebrated Ramadan? I'd say they're probably slim to none. All of that will of course come out in court or in depositions. 
Hard to say, but many on this list will recall last year's controversy over purported indoctrination in Islam in a California middle school, where parents seeking an opt-out option were refused relief from having their children spend some six weeks in immersion study of Islam. The text used in teaching about Islam in that program, had the following assignment in it:

Following are excerpts and some suggested review exercises from Across the Centuries, a Houghton Mifflin social studies textbook for seventh-graders:

"An Islamic term that is often misunderstood is jihad. The term means to struggle, to do one's best to resist temptation and overcome evil. Under certain conditions, the struggle to overcome evil may require action."

"These revelations confirmed both Muhammad's belief in one God, or monotheism, and his role as the last messenger in a long line of prophets sent by God. The God he believed in  Allah  is the same God of other monotheistic religions, Judaism and Christianity. Allah, the Arabic word for God, is the word used in the Qur'an."

Review:

"Writing activity. Assume you are a Muslim soldier on your way to conquer Syria in the year A.D. 635. Write three journal entries that reveal your thoughts about Islam, fighting in the battle, or life in the desert."

"Collaborative learning. Form small groups of students to build a miniature mosque. You may decide to use cardboard, papier-mache, or other materials. Have one member do research at the library to find out what the insides of mosques look like. Have another member design a building plan. And have two members collect the building materials. Together, construct the mosque according to your plan."
Of course, that Houghton Mifflin and a different California school district have decided to inculcate Islam does not justify Mr. Williams' in inculcating Christianity, if that is what he has done.

Jim Henderson
Senior Counsel
ACLJ
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RE: Steven Williams Case - more factual information

2004-12-10 Thread Scarberry, Mark









Perhaps we should wait for confirmation that
the "Easter handout" is authentic before judging Mr. Williams based
on it. The source for it is a webpage that is very hostile to Mr. Williams and
to the Alliance Defense Fund. 





Mark S. Scarberry

Pepperdine University School of Law





-Original
Message-
From: Ed Brayton
[mailto:[EMAIL PROTECTED] 
Sent: Friday, December 10, 2004
11:44 AM
To: Law  Religion issues for Law Academics
Subject: Re: Steven Williams Case
- more factual information



I think the folks in the
school district that you refer to would have had a pretty strong case that many
of those assignments were impermissable. Was there ever a lawsuit filed in that
case, by the way? At any rate, it has nothing to do with this situation. Let me
ask you directly, Jim: do you think the Easter handout that I posted was
appropriate for a public school classroom? Do you think that it could or should
pass constitutional muster?

Ed Brayton






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Re: Steven Williams Case - more factual information

2004-12-10 Thread Mark Graber



Student writes 
"only a person of very low intelligence could believe this. The works 
studied are less realistic than the Wizard of Oz and contemptible." 
Onlythe worst form of moral monstr could believe that people who did 
believe in him deserve to be damned forever." What grade. Does it 
matter whether the teacher thinks the student got Christianity right? Who 
determines what constitutes getting Christianity right?

MAG. 
[EMAIL PROTECTED] 12/10/04 04:15PM 

In a message dated 12/10/2004 1:44:29 PM Eastern Standard Time, 
[EMAIL PROTECTED] writes:
It seems to me that the only relevant question in terms of this 
  lawsuit is whether any of those assignments are properly given by this teacher 
  to his students, not whether they might hypothetically be okay in a different 
  set of circumstances. I say they clearly are not.

Well, why? I looked over each of these assignments and I am 
dumbfounded by the assertion that these assignments inculcate belief. They 
seem well crafted to guide a student into studying the tenets of, and learning 
about, important aspects of the Christian religion, and about the connection 
between the Christian religion and the formation and progress of this 
Nation.

The only way that such dogmatic rejections of the propriety of Mr. 
Williams' easter assignment could be justified is if 
noassignmentinvolving thereading of the Easter story from the 
Bible may be made in a public school, if nowriting assignment ever may 
requirea student to "respond" to themes such as sacrifice, resurrection, 
hope, new life.I realize that I am asking persons who challenge the 
propriety of this assignment sheet to offer some demonstration of its 
unconstitutionality beyond the bare assertion of it; and I realize that such 
calls for proof often are charged by others as a dodge for real analysis. 
But I am truly perplexed. This assignment sheet does not, to my reading of 
it, do anything other that provide the means for a student to learn about these 
subjects.

Jim Henderson
Senior Counsel
ACLJ
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Re: Steven Williams Case - more factual information

2004-12-10 Thread JMHACLJ
In a message dated 12/10/2004 4:28:29 PM Eastern Standard Time, [EMAIL PROTECTED] writes:

Student writes "only a person of very low intelligence could believe this. The works studied are less realistic than the Wizard of Oz and contemptible." Only the worst form of moral monstr could believe that people who did believe in him deserve to be damned forever." What grade. Does it matter whether the teacher thinks the student got Christianity right? Who determines what constitutes getting Christianity right?

If the assignment is to write an opinion piece, then that is the teacher's problem, as I indicated in an earlier post. If the syllabus makes relevant to the grading performance on standards of grammar and composition, those factors can be given their proper weight, but the opinion expressed, however infantile and uninformed, should not be downgraded because of the view expressed.

Jim Henderson
Senior Counsel
ACLJ
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RE: Steven Williams Case - more factual information

2004-12-10 Thread Volokh, Eugene
Sandy's hypothetical is an excellent one, but let me add a refinement:  I'm not 
sure that this assignment would violate the Establishment Clause, or even that 
Williams' assignment did so.  Yet would anyone on the list think that it's 
unconstitutional for the school to conclude that this assignment causes more 
trouble and upset than it's worth, and that the teacher therefore ought to be 
barred from assigning it?  That, I take it, is the purely legal question in the 
Williams case.

-Original Message- 
From: [EMAIL PROTECTED] on behalf of Sanford Levinson 
Sent: Fri 12/10/2004 2:16 PM 
To: Law  Religion issues for Law Academics 
Cc: 
Subject: RE: Steven Williams Case - more factual information



Imagine the following assignment by a Jewish teacher to his class in
World History two weeks before Easter (when, it so happens, the syllabus
for the course is treating the Holocaust): 

The account of Jesus's trial and subsequent punishment as set out in the
Christian Gospels is viewed by many historians and theologians as a
central source of anti-Semitism and the cause of persecution and,
indeed, massacre, of Jews throughout the ages.  Please read the various
accounts of Jesus's trial in the four Gospels and indicate why someone
might view them as anti-Semitic.  (Is there significant variation among
the Gospels in this regard?)

Would anyone on this list who supports Mr. Williams have any problems
with this assignment?



-Original Message-
From: [EMAIL PROTECTED]
[mailto:[EMAIL PROTECTED] On Behalf Of Marc Stern
Sent: Friday, December 10, 2004 11:24 AM
To: Law  Religion issues for Law Academics
Subject: RE: Steven Williams Case - more factual information

IF this is typical of what the teacher was complaining about being
forbidden  to teach, the only question for the court is whether
plaintiff will be liable for the school's attorneys fee under Rule 11,
Marc Stern

-Original Message-
From: [EMAIL PROTECTED]
[mailto:[EMAIL PROTECTED] On Behalf Of Ed Brayton
Sent: Friday, December 10, 2004 12:18 PM
To: Law  Religion issues for Law Academics
Subject: Steven Williams Case - more factual information

The key question in the Steven Williams case, as Jim Henderson and I
agreed last week, will revolve around the facts of the case - the
contents of the handouts that were disallowed by the principal and
whether they indicate that what Mr. Williams was engaged in was
proselytizing rather than teaching history. Some of those handouts were
included in the complaint that the ADF filed
(http://www.alliancedefensefund.org/media/WilliamsvCupertinoComplaint.pd
f),
and one more has been published at
http://www.eriposte.com/philosophy/fundamentalism/StevenWilliams_Easter_
assignment.jpg.
The latter is apparently an assignment that Williams handed out about
Easter to his 5th grade class. Here is the text of that assignment:



Activities on Exploring Easter and Why it's Relevant in our Culture and
Nation

Christianity has had a huge influence on our nation and so during the
Easter season it's important to know why Christians celebrate this
'Holy'-day and what impact Jessu Christ had on our society and nation.
Pick 2 of the following activities and present them next week.

* Read the East er story in the bible. Start reading Luke, chapter 22
and continue to the end of the book of Luke. Write a resopnse to some of

the themes in the Easter story of the bible: betrayal, sacrifice,
resurrection, love, hope, new life. Write a response to any of the
themes in the story using references from the bible and how they apply
to our culture today. Make a diorama of a scene from the story and
attach your written response.

*Interview a Christian family that celebrates Easter and write about
what they do and why they do it. Write a summary of your interview and
give an oral presentation to the class on what you found using props and

antyhing appropriate to enhancing your presentation.

*John Adams wrote, Our constitution was made only for a moral and
religious people. It is wholly inadequate to the government of any
other. He also wrote a paper called, American Independence was
Achieved Upon the Principles of Christianity. Write a one page report
on why he felt so strongly that this nation should be 

Re: Steven Williams Case - more factual information

2004-12-10 Thread Steven Jamar
On Friday, December 10, 2004, at 02:27  PM, Ed Brayton wrote:
Steven Jamar wrote:
Is it a sociology class? I think it depends a lot on purpose and 
presentation.
Mr. Williams teaches 5th grade.
I should have been more clear -- I was responding to Henderson's 
inquiry about could such an assignment ever be ok.

Ed Brayton
--
Prof. Steven D. Jamar   vox:  202-806-8017
Howard University School of Law fax:  202-806-8567
2900 Van Ness Street NW   mailto:[EMAIL PROTECTED]
Washington, DC  20008   http://www.law.howard.edu/faculty/pages/jamar/
In these words I can sum up everything I've learned about life:  It 
goes on.

Robert Frost
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Re: Steven Williams Case - more factual information

2004-12-10 Thread Ed Brayton




I think the folks in the school district that you refer to would have
had a pretty strong case that many of those assignments were
impermissable. Was there ever a lawsuit filed in that case, by the way?
At any rate, it has nothing to do with this situation. Let me ask you
directly, Jim: do you think the Easter handout that I posted was
appropriate for a public school classroom? Do you think that it could
or should pass constitutional muster?

Ed Brayton

[EMAIL PROTECTED] wrote:

  
  
  
  In a message dated 12/10/2004 1:55:19 PM Eastern Standard Time,
[EMAIL PROTECTED] writes:
  But would you care to lay odds on whether Mr. Williams
had his students interview a Muslim family to find out how they
celebrated Ramadan? I'd say they're probably slim to none. All of that
will of course come out in court or in depositions. 
  
  Hard to say, but many on this list will recall last year's
controversy over purported indoctrination in Islam in a California
middle school, where parents seeking an opt-out option were refused
relief from having their children spend some six weeks in immersion
study of Islam. The text used in teaching about Islam in that program,
had the following assignment in it:
  
  Following are excerpts and
some suggested review exercises from Across the Centuries, a Houghton
Mifflin social studies textbook for seventh-graders:
  
  "An Islamic term that
is often misunderstood is jihad. The term means to struggle, to do
one's best to resist temptation and overcome evil. Under certain
conditions, the struggle to overcome evil may require action."
  
  "These revelations
confirmed both Muhammad's belief in one God, or monotheism, and his
role as the last messenger in a long line of prophets sent by God. The
God he believed in  Allah  is the same God of other monotheistic
religions, Judaism and Christianity. Allah, the Arabic word for God, is
the word used in the Qur'an."
  
  Review:
  
  "Writing activity.
Assume you are a Muslim soldier on your way to conquer Syria in the
year A.D. 635. Write three journal entries that reveal your thoughts
about Islam, fighting in the battle, or life in the desert."
  
  "Collaborative
learning. Form small groups of students to build a miniature mosque.
You may decide to use cardboard, papier-mache, or other materials. Have
one member do research at the library to find out what the insides of
mosques look like. Have another member design a building plan. And have
two members collect the building materials. Together, construct the
mosque according to your plan."
  
  Of course, that Houghton
Mifflin and a different California school district have decided to
inculcate Islam does not justify Mr. Williams' in inculcating
Christianity, if that is what he has done.
  
  Jim Henderson
  Senior Counsel
  ACLJ
  

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Re: Steven Williams Case - more factual information

2004-12-10 Thread JMHACLJ



In a message dated 12/10/2004 1:14:11 PM Eastern Standard Time, [EMAIL PROTECTED] writes:
He teaches the resurrection as historical fact, even though it is a religious belief which I and millions of other Americans deny. 
Marc raises an interesting point here. Because he has a belief about something that may be (or may not) a fact, he disputes the proprietyof Mr. Williams' teaching about the incident as a fact. From that leap, I suppose, is derived the expurgation principle by which every fact of religious significance becomes suspect as an instructional device.

Will we really saddle our public school teachers with the burden of saying: "of course, some people do not agree that this fact is true, some people specifically state that the circumstances described by this fact are false, some people find the assertion of this fact as a true historical incident an affront to them personally because they do not hold to that fact and to their religious faith." ??

Jim Henderson
Senior Counsel
ACLJ
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Re: Steven Williams Case - more factual information

2004-12-10 Thread A.E. Brownstein


I'm not sure that I understand the point here. Is it that it is
acceptable for public school teachers to teach religious beliefs such as
the resurrection of Jesus as historical fact? 
Or is it that it is too burdensome for teachers to be saddled
with the responsibility of telling their students when a class discusses
religion that In the United States, we live under a constitutional
system committed to religious liberty. Americans believe in many
different religious faiths and the tenets of these faiths are often
inconsistent with each other. Adherence to religious beliefs is a
matter left to individuals and faith communities to decide for
themselves. That is why the government and the public schools do
not tell people what religion, if any, they should follow. When we study
religion in this class, we are studying what different people believe;
not what people should believe. Our government and our public schools
have no authority to declare religious truth. 
Alan Brownstein



At 04:18 PM 12/10/2004 -0500, you wrote:
In a message dated 12/10/2004
1:14:11 PM Eastern Standard Time, [EMAIL PROTECTED] writes:


He teaches the resurrection
as historical fact, even though it is a religious belief
which I and millions of other Americans deny. 

Marc raises an interesting point here. Because he has a belief
about something that may be (or may not) a fact, he disputes the
propriety of Mr. Williams' teaching about the incident as a
fact. From that leap, I suppose, is derived the expurgation
principle by which every fact of religious significance becomes suspect
as an instructional device.

Will we really saddle our public school teachers with the burden of
saying: of course, some people do not agree that this fact is
true, some people specifically state that the circumstances described by
this fact are false, some people find the assertion of this fact as a
true historical incident an affront to them personally because they do
not hold to that fact and to their religious faith. ??

Jim Henderson
Senior Counsel
ACLJ
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To post, send message to [EMAIL PROTECTED]
To subscribe, unsubscribe, change options, or get password, see 
http://lists.ucla.edu/cgi-bin/mailman/listinfo/religionlaw

Please note that messages sent to this large list cannot be viewed as private.  
Anyone can subscribe to the list and read messages that are posted; people can 
read the Web archives; and list members can (rightly or wrongly) forward the 
messages to others.