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The Critic's Resource on AntiEvolution

NCSE Evolution and Climate Education Update for 2014/10/10

(by NCSE Deputy Director Glenn Branch)

Dear friends of NCSE,

The Darwin Day Roadshow is back. John Freshwater's appeal to the
Supreme Court is rejected. And congratulations are in order for Bruce
Alberts.

ON THE ROAD AGAIN WITH NESCENT

The Darwin Day Roadshow is returning! The Roadshow is a project of the
National Evolutionary Synthesis Center, in which NESCent staff shares
their enthusiasm for evolutionary science with students, teachers, and
the general public on the occasion of Charles Darwin's birthday,
February 12. According to NESCent, "Our teams talk to students,
teachers and the general public about their research in evolutionary
science, describe what it takes to become an evolutionary biologist
(and what some of the rewards and challenges are), and convey why
evolutionary science is relevant to everyone."

And the results are delightful: as NESCent's Craig McClain wrote at
Pacific Standard (May 15, 2011), "for all of us the Darwin Day Road
Show was a gratifying adventure that no one will forget. From the
landscapes with their silos, combines, center pivot crop circles, high
school gymnasiums, to the indelible interactions we had along the way,
we absorbed it all." Applications from schools interested in hosting
the Roadshow, especially those who would not be likely to have access
to Darwin Day activities otherwise, are now being accepted. Act soon,
though; the application deadline is November 21, 2014.

For information about the Darwin Day Roadshow, visit:
http://roadshow.nescent.org/ 

For Craig McClain's article in Pacific Standard, visit:
http://www.psmag.com/science/scientists-take-charles-darwin-on-the-road-31211/ 

And for the application for the Darwin Day Roadshow, visit:
http://roadshow.nescent.org/apply/ 

OVER AT LAST FOR FRESHWATER

On October 6, 2014, the Supreme Court of the United States declined,
without comment, to hear John Freshwater's appeal of the Ohio Supreme
Court's decision to uphold his termination as a middle school teacher.
The decision brings the long and complicated controversy over
Freshwater's inappropriate religious behavior in the classroom --
including teaching creationism and misrepresenting evolution as
scientifically controversial -- to a final conclusion.

The case began in 2008, when a local family accused Freshwater, then a
Mount Vernon, Ohio, middle school science teacher, of engaging in
inappropriate religious activity and sued Freshwater and the district.
Based on the results of an independent investigation, the Mount Vernon
City School Board voted to begin proceedings to terminate his
employment. After thorough administrative hearings that proceeded over
two years and involved more than eighty witnesses, the presiding
referee issued his recommendation that the board terminate
Freshwater's employment with the district, and the board voted to do
so in January 2011. (The family’s lawsuit against Freshwater was
settled in the meantime.)

Freshwater challenged his termination in the Knox County Court of
Common Pleas in February 2011. When the challenge was unsuccessful, he
then appealed the decision to Ohio's Fifth District Court of Appeals
in December 2011. NCSE filed a friend-of-the-court brief with the
appellate court, arguing that Freshwater's materials and methods
concerning evolution "have no basis in science and serve no
pedagogical purpose." In March 2012, the Fifth District Court of
Appeals upheld the lower court's rejection of Freshwater's challenge.
Freshwater then appealed to the Ohio Supreme Court in April 2012, and
when his appeal was accepted, NCSE filed a friend-of-the-court brief
again.

In a 4-3 decision issued in November 2013, the Ohio Supreme Court
upheld Freshwater's termination. The decision refrained from assessing
the constitutionality of Freshwater's teaching of creationism,
writing, "Here, we need not decide whether Freshwater acted with a
permissible or impermissible intent because we hold that he was
insubordinate, and his termination can be justified on that basis
alone." The dissenters, however, in effect endorsed Freshwater's
claims on appeal, crediting Freshwater's claim, "I do not teach ID or
creationism," discounting the ample evidence in the record to the
contrary. In early 2014, Freshwater unsuccessfully asked the court to
reconsider its decision.

On April 22, 2014, Freshwater filed a petition for a writ of
certiorari with the Supreme Court, arguing that the case should be
heard in order to address questions about the extent of the
applicability of the First Amendment and academic freedom to teachers
while they are at work, as well as "to correct the grievous injustice
that Freshwater has suffered." In its brief of opposition, the Mount
Vernon City School Board argued that, since the Ohio Supreme Court
determined that Freshwater's termination was permissible under state
law, the Supreme Court lacked jurisdiction. The Board also argued in
detail against Freshwater's claims about the First Amendment, academic
freedom, and the facts of the case.

Documents relevant to Freshwater's termination and the subsequent
court case areavailable on NCSE's website. Extensive blog coverage of
the Freshwater saga, including Richard B. Hoppe's day-by-day account
of Freshwater's termination hearing, is available at The Panda's Thumb
blog; search for "Freshwater". Hoppe also contributed "Dover Comes to
Ohio" -- a detailed account from a local observer of the whole fracas,
from the precipitating incident to Freshwater's appeal -- to Reports
of the National Center for Science Education 32:1.

For the Supreme Court's denial of Freshwater's appeal (PDF, p. 10), visit:
http://www.supremecourt.gov/orders/courtorders/100614zor.pdf 

For NCSE's two amicus briefs (both PDF), visit:
http://ncse.com/files/pub/legal/freshwatertermination/20120110_NCSE_Amicus_Brief.pdf 
http://ncse.com/files/20121004_Amicus_Curiae_of_NCSE.pdf 

For Freshwater's petition and the Mount Vernon City School Board's
brief of opposition (both PDF), visit:
http://ncse.com/files/Freshwater-Petition-for-writ-Certiorari-sans-apdx.pdf 
http://ncse.com/files/Brief_in_Opposition_to_Petition.pdf 

For The Panda's Thumb blog, visit:
http://pandasthumb.org/ 

For Richard B. Hoppe's "Dover Comes to Ohio" (PDF), visit:
http://reports.ncse.com/index.php/rncse/article/view/99/92 

And for NCSE's collection of documents from the Freshwater case, visit:
http://ncse.com/creationism/legal/freshwater-termination-hearing 

NATIONAL MEDAL OF SCIENCE FOR BRUCE ALBERTS

NCSE is pleased to congratulate Bruce Alberts on receiving the
National Medal of Science, the nation's highest honor for achievement
and leadership in science. In a press release issued on October 3,
2014, President Obama said of the most recent recipients of the
National Medal of Science and the National Medal of Technology and
Innovations, "These scholars and innovators have expanded our
understanding of the world, made invaluable contributions to their
fields, and helped improve countless lives ... Our nation has been
enriched by their achievements, and by all the scientists and
technologists across America dedicated to discovery, inquiry, and
invention."

Alberts is Professor Emeritus in the Department of Biochemistry and
Biophysics at the University of California, San Francisco, a former
president of the National Academy of Sciences, and a former
editor-in-chief of the journal Science. A member of NCSE's Advisory
Council, Alberts received NCSE's Friend of Darwin award in 2004, in
recognition of his support of and advocacy for the integrity of
science education while at the National Academy of Sciences, when it
published bothTeaching about Evolution and the Nature of Science
(1998) and the second edition of Science and Creationism (1999). He
also received the AIBS Education Award from the American Institute for
Biological Sciences in 2009.

For the press release, visit:
http://www.whitehouse.gov/the-press-office/2014/10/03/president-obama-honors-nation-s-top-scientists-and-innovators 

WHAT'S NEW FROM THE SCIENCE LEAGUE OF AMERICA

Have you been visiting NCSE's blog, The Science League of America,
recently? If not, then you've missed:

* Stephanie Keep explaining that evolution happens to populations:
http://ncse.com/blog/2014/09/misconception-monday-no-one-is-evolutionary-island-0015895 

* Ann Reid applauding Natalie Angier's explanation of carbon dioxide emissions:
http://ncse.com/blog/2014/10/well-said-carbon-dioxide-made-simple-personal-0015904 

* Glenn Branch discussing a ringer in a 1925 evolution essay contest:
http://ncse.com/blog/2014/09/ringer-contest-part-1-0015898 
http://ncse.com/blog/2014/10/ringer-contest-part-2-0015899 

And much more besides!

For The Science League of America, visit:
http://ncse.com/blog 

Thanks for reading. And don't forget to visit NCSE's website --
http://ncse.com -- where you can always find the latest news on 
evolution and climate education and threats to them.

--
Sincerely,

Glenn Branch
Deputy Director
National Center for Science Education, Inc.
420 40th Street, Suite 2
Oakland, CA 94609-2509
510-601-7203 x303
fax: 510-601-7204
800-290-6006
branch@ncse.com 
http://ncse.com 

Check out NCSE's new blog, Science League of America:
http://ncse.com/blog 

Read Reports of the NCSE on-line:
http://reports.ncse.com 

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http://groups.google.com/group/ncse-news 

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