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Old June 27th, 2013, 12:53 PM   #1
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Default Court rules against homo teacher who bullied student in Howell

Link: http://www.thomasmore.org/press-rele...belief-against


ANN ARBOR, MI Ė The Thomas More Law Center, a national public interest law firm based in Ann Arbor, Michigan, today announces a victory in their lawsuit against teacher Johnson McDowell of Howell High School in Howell, Michigan. Federal District Judge Patrick J. Duggan of the Eastern District of Michigan issued his opinion yesterday.

The Court declared the teacherís actions in punishing Daniel Glowacki for expressing his beliefs against homosexuality violated ďDanielís First Amendment rights.Ē In its findings of factóthe Court described how the teacher initiated a discussion about homosexuality. The teacher wore a purple t-shirt and was promoting the homosexual agenda. In response, the Plaintiff, 16 year-old Daniel Glowacki stated that homosexuality was against his Catholic beliefs. The teacher, admittedly, became angry and threw Daniel out of class because he disagreed with Danielís beliefs.

The teacher in the lawsuit tried to blame Daniel and claimed he caused a disturbance in the teacherís classroom. The teacherís claims were wholly unsupported by all of the other evidence in the case, including affidavits of students in the classroom and the teacherís own earlier statements. The teacher also tried to argue that Danielís religious statement was tantamount to ďbullying.Ē The Court dismissed that claim as well, holding that Danielís speech could not be silenced because the teacher did not like Danielís religious beliefs and viewpoint.

The Courtís opinion echoed the longstanding legal precedent that ďstudents do not shed their constitutional rights to freedom of speech or expression at the schoolhouse gate.Ē Tinker v. Des Moines Indep. Cmty. Sch. Dist., 393 U.S. 503, 506 (1969).

The teacher argued that Danielís speech that his religion did not approve of homosexuality was a bullying statement. However, Judge Duggan, citing several cases, disagreed (citations and quotations omitted).

While the Court certainly recognizes that schools are empowered to regulate speech to prevent students from invading the rights of other students, people do not have a legal right to prevent criticism of their beliefs or for that matter their way of life. Relatedly, a listenersí reaction to speech is not a content-neutral basis for regulation. While a student or perhaps several students may have been upset or offended by Danielís remarks, Tinker straight-forwardly tells us that, in order for school officials to justify prohibition of a particular expression of opinion, they must be able to show that this action was caused by something more than a mere desire to avoid the discomfort and unpleasantness that always accompany an unpopular viewpoint. Simply put, the law does not establish a generalized hurt feelings defense to a high schoolís violation of the First Amendment rights of its students.

Thomas More Law Center attorney, Erin Mersino was the lead counsel in the lawsuit. It is expected that the teacher will appeal the decision.

Richard Thompson, President and Chief Counsel of the Thomas More Law Center, commenting on the favorable court decision, stated:


ďThe purpose of our lawsuit was to protect studentsí constitutional rights to free speech, defend religious liberty, and stop public schools from becoming indoctrination centers for the homosexual agenda.Ē

The Thomas More Law Center originally filed its federal lawsuit back on December 14, 2012 against the teacher, Johnson McDowell, and the Howell Public School District. The claims against the School District were dismissed, and the Court held that the teacher alone was the responsible party.

The ACLU appeared in the case as amicus and supported Danielís position against the teacher.

The Thomas More Law Center defends and promotes Americaís Judeo-Christian heritage and moral values, as well as a strong national defense and an independent and sovereign United States of America. The Law Center accomplishes its mission through litigation, education, and related activities. It does not charge for its services.
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Old June 27th, 2013, 01:15 PM   #2
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Old June 27th, 2013, 01:29 PM   #3
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Cliff Notes: Douche kid gets his doucheyness confirmed by a judge.
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Old June 27th, 2013, 01:37 PM   #4
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Cliff Notes: Douche kid gets his doucheyness confirmed by a judge.
So the teacher can express his views on homosexuality, but the students cannot? That's great.
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Old June 27th, 2013, 01:37 PM   #5
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Cliff Notes: Douche kid gets his doucheyness confirmed by a judge.
Sounds like a "doucheyness" statement to me
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Old June 27th, 2013, 01:44 PM   #6
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So the teacher can express his views on homosexuality, but the students cannot? That's great.
That seems to be the norm where there is one person (authority) and another (student or just your normal person). Like a teacher and student or cop and anyone else. Shut your mouth and do as I tell you or else.
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Old June 27th, 2013, 01:48 PM   #7
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Shut your mouth and do as I tell you or else
Yes massa

But yea, I know what your saying. People of authority are never wrong. My teachers hated me because I would call them out on that. They were always right, whether it came to political views or whatever. I had one teacher though, for politics, that never did share his political views. It was good on his part so we (the students) wouldn't take his side. He would play the devils advocate on everything. I knew he voted for Obama because after school one day, I was dropping something off for my engineering class, I saw him walking in the hall with his Obama beanie on. Busted!

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Old June 27th, 2013, 01:56 PM   #8
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Yes massa

But yea, I know what your saying. People of authority are never wrong. My teachers hated me because I would call them out on that. They were always right, whether it came to political views or whatever. I had one teacher though, for politics, that never did share his political views. It was good on his part so we (the students) wouldn't take his side. He would play the devils advocate on everything. I knew he voted for Obama because after school one day, I was dropping something off for my engineering class, I saw him walking in the hall with his Obama beanie on. Busted!
Maybe he a Jewish?

(Devils Advocate)
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Old June 27th, 2013, 02:17 PM   #9
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It's a shame that the teacher lost his cool because that could have become an excellent teaching moment.
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Old June 27th, 2013, 04:18 PM   #10
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The kid better get used to it. Sharing your faith and your beliefs in college usually gets you a public ridicule from the Prof.
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Old June 27th, 2013, 06:43 PM   #11
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i can picture the teacher shrieking and flailing his arms, like 'jack', from the show Will and Grace
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Old June 27th, 2013, 08:00 PM   #12
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It's a shame that the teacher lost his cool because that could have become an excellent teaching moment.
How about we leave all the tolerance and one sided morality teaching out of school and stick to the basics.
Lets get back to OLD TIME teaching of critical thinking. Maybe we wouldn't have generations of morons graduating from public schools.

Nothing like a generation of kids that feel they get the facts of current events from a half ass comedian like Jon Stewart.
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Old June 27th, 2013, 08:24 PM   #13
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How about we leave all the tolerance and one sided morality teaching out of school and stick to the basics.
Lets get back to OLD TIME teaching of critical thinking. Maybe we wouldn't have generations of morons graduating from public schools.

Nothing like a generation of kids that feel they get the facts of current events from a half ass comedian like Jon Stewart.
Instead of kicking the kid out of class he could have said, "O RLY? Does that mean you don't eat shellfish or wear poly cotton blends either?"
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Old June 27th, 2013, 08:37 PM   #14
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Instead of kicking the kid out of class he could have said, "O RLY? Does that mean you don't eat shellfish or wear poly cotton blends either?"
Mocking him is an "excellent teaching moment"?
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Old June 27th, 2013, 08:51 PM   #15
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Mocking him is an "excellent teaching moment"?
"An excellent teaching moment" was probably the reason for the lawsuit. Meh. The kid picked the one single day as a stand out day. My guess it was never just this "One thing". I remember when I was going to school kids who got kicked out of class were repeat offenders. I bet if you talked to other kids at that school you'll find the kid probably had a history of antagonizing other teachers too.

I miss the days when parents got a call because their kid got kicked out of class for whatever reason and the got punished. That and nuns with rulers.
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Old June 27th, 2013, 08:59 PM   #16
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Mocking him is an "excellent teaching moment"?
actually it was more or less a joke.

It could have been an excellent teaching moment, however, I don't think a public school would have been the best place for that particular theological discussion. But, I do think it would be an interesting conversation to have the student use his source material to find where the problem is and then show him all of the other things that are "wrong" according to the bible and find out why he/she thinks one (homosexuality) is wrong and the others are not.
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Old June 27th, 2013, 09:01 PM   #17
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actually it was more or less a joke.

It could have been an excellent teaching moment, however, I don't think a public school would have been the best place for that particular theological discussion. But, I do think it would be an interesting conversation to have the student use his source material to find where the problem is and then show him all of the other things that are "wrong" according to the bible and find out why he/she thinks one (homosexuality) is wrong and the others are not.
The problem with that is its probably still considered bullying as it belittles his position.
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Old June 27th, 2013, 09:13 PM   #18
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Old June 27th, 2013, 09:22 PM   #19
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"An excellent teaching moment" was probably the reason for the lawsuit. Meh. The kid picked the one single day as a stand out day. My guess it was never just this "One thing". I remember when I was going to school kids who got kicked out of class were repeat offenders. I bet if you talked to other kids at that school you'll find the kid probably had a history of antagonizing other teachers too.

I miss the days when parents got a call because their kid got kicked out of class for whatever reason and the got punished. That and nuns with rulers.
Did you read the complete first post? Affidavits from all the kids in the class and the teachers previous statements?

From the information given, it doesn't seem like the kid was the problem in this case.
I do agree that many students today have no respect for their teachers but this whole subject should have never been brought up in class. I would never want a school teacher teaching the virtues of gay marriage to my kids. Thats something I will handle at home at my discretion.
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Old June 27th, 2013, 09:34 PM   #20
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A queer should not be allowed to be a teacher in the first place.
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