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Appeals court dismissed suit against California teacher who poked fun at creationism

Student had sued high school teacher over classroom remarks
Aug. 22, 2011

From The San Francisco Chronicle: Saying teachers need to be free to discuss controversial subjects, a federal appeals court has dismissed a student's lawsuit against a Capistrano (Calif.) Unified School District history instructor whose classroom comments poked fun at creationism and religious fundamentalism. The Ninth U.S. Circuit Court of Appeals ruled that it did not have to decide whether some of the high school history teacher's remarks – such as his calling a former teacher's anti-evolution advocacy "religious, superstitious nonsense" - violated the constitution. Regardless, the court said, a public employee can be sued only for violating clearly established constitutional rights.

Read the full court opinion.

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