Home Mail MemberMap Chat (0) Wallpapers
Go Back   ChiefsPlanet > The Lounge > D.C.

Reply
 
Thread Tools Display Modes
Old 06-24-2013, 09:54 AM  
Donger Donger is online now
"Think BOOM!"
 
Donger's Avatar
 
Join Date: Nov 2003
Location: 33.675° N 106.475° W
Casino cash: $106
Student booted from class for saying ‘I don’t accept gays’ wins federal lawsuit

http://news.yahoo.com/student-booted...123034366.html

A federal district court judge ruled last week that a Michigan high school teacher violated a student’s free speech rights when he kicked the student out of class for voicing disapproval for homosexuality.

The ruling was perhaps a hollow victory for the student, Daniel Glowacki, though, because the judge assessed damages of just a single, solitary dollar.

The incident giving rise to the lawsuit happened in 2010 on national Anti-Bullying Day at Howell High School in Howell, Michigan.

The teacher, Johnson (“Jay”) McDowell got into a heated argument with student Daniel Glowacki in an economics class after Glowacki said he objected to homosexuality because he is Catholic.

Judge Patrick Duggan ruled that the First Amendment protects Glowacki’s speech.

As the judge notes in the first sentence of the opinion, the case is an example of the tension between anti-bullying policies in public schools and the free speech guarantees of the First Amendment.

On October 20, 2010, members of the Gay Straight Alliance had asked students and teachers to wear the color purple to celebrate Anti-Bullying Day at Howell High School in Howell, Michigan.

Some students wore purple. Some also wore clothing emblazoned with rainbow flags and other symbols in support of the Gay Straight Alliance.

McDowell, who wore purple that day, took time out of his sixth-hour economics class to talk to students about bullying and to show students an anti-bullying video.

McDowell also noticed a student wearing a Confederate flag belt buckle. He asked her to remove it.

According to the district court opinion, Daniel testified that he “calmly raised [his] hand” and asked McDowell why one student couldn’t wear a Confederate flag belt but other students and teachers could wear purple shirts and display rainbow flags.

McDowell told the student that there is a “difference in symbolism between the Confederate flag and the rainbow flag.” According to Daniel, the economics teacher explained that the Confederate flag represents “discrimination against blacks.”

Daniel observed that purple shirts discriminated against Catholics and said, “I don’t accept gays.”

McDowell told Daniel he couldn’t say that. Daniel then amended his statement. “I don’t accept gays because I’m Catholic,” he said.

McDowell, who admitted that he was angry by this time, then analogized that saying “I don’t accept gays” is the same as saying “I don’t accept blacks.”

The economics teacher then demanded to know if Daniel accepted gays or not.

When Daniel refused to recant, McDowell booted him “out of class and wrote up a referral for unacceptable behavior.”

Another student then said, “I don’t accept gays either” and asked to leave, which McDowell allowed.

The remaining students then demanded to know “why didn’t they have free speech.” According to the court, the high school economics teacher “explained that a student cannot voice an opinion that creates an uncomfortable learning environment for another student.”

The school district’s subsequent investigation came down squarely in favor of the students. The entire incident was expunged from Glowacki’s file. He was also placed in another economics class at the request of his family.

School district officials strongly reprimanded McDowell (though the teacher’s punishment was later reduced after he filed a grievance).

McDowell “disciplined two students for holding and stating personal beliefs, to which you disagree,” the original reprimand said. “You disciplined them in anger under the guise of harassment and bullying because you opposed their religious belief and were offended by it. The students were causing no disruption to the educational process.”

The reprimand also noted that it was ironic that McDowell punished students for having opinions he could not tolerate on Anti-Bullying Day.

The judge similarly found that McDowell has been “primarily motivated by his disagreement with Daniel’s opinion on homosexuality.”
Posts: 75,229
Donger is obviously part of the inner Circle.Donger is obviously part of the inner Circle.Donger is obviously part of the inner Circle.Donger is obviously part of the inner Circle.Donger is obviously part of the inner Circle.Donger is obviously part of the inner Circle.Donger is obviously part of the inner Circle.Donger is obviously part of the inner Circle.Donger is obviously part of the inner Circle.Donger is obviously part of the inner Circle.Donger is obviously part of the inner Circle.
  Reply With Quote
Old 06-24-2013, 11:15 AM   #16
ptlyon ptlyon is online now
Bono & Grbac wasn't enough
 

Join Date: Oct 2000
Location: Sioux City, IA
Casino cash: $39473
Quote:
Originally Posted by Pitt Gorilla View Post
What does "I don't accept gays" mean?
In his mouth, I think
__________________
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Advertise here: $19.99 a month
Posts: 9,513
ptlyon is blessed with 50/50 Hindsight.ptlyon is blessed with 50/50 Hindsight.ptlyon is blessed with 50/50 Hindsight.ptlyon is blessed with 50/50 Hindsight.ptlyon is blessed with 50/50 Hindsight.ptlyon is blessed with 50/50 Hindsight.ptlyon is blessed with 50/50 Hindsight.ptlyon is blessed with 50/50 Hindsight.ptlyon is blessed with 50/50 Hindsight.ptlyon is blessed with 50/50 Hindsight.ptlyon is blessed with 50/50 Hindsight.
  Reply With Quote
Old 06-24-2013, 11:18 AM   #17
InChiefsHell InChiefsHell is offline
Rockin' yer FACE OFF!
 
InChiefsHell's Avatar
 

Join Date: Feb 2003
Location: Omaha, Nebraska
Casino cash: $1083041
I wonder how much he was actually suing for. Personally, I don't think he should have gotten money either, the judgement in his favor suffices.

And yeah, I went to school in the 80's and teachers never did this kind of crap...in high school anyway. College was a different story, but we were a little more grown up by then.
__________________

We have a million reasons for failure, but not one excuse...
Die Donks, DIE!!

A quote:
"Oh well, there's always next year. We'll be better then, you'll see..." - Every Chiefs fan for the last 42...crap...43 years...

Quit listening to all that crappy new music and check out HEADSTRONG!
Posts: 12,588
InChiefsHell is too fat/Omaha.InChiefsHell is too fat/Omaha.InChiefsHell is too fat/Omaha.InChiefsHell is too fat/Omaha.InChiefsHell is too fat/Omaha.InChiefsHell is too fat/Omaha.InChiefsHell is too fat/Omaha.InChiefsHell is too fat/Omaha.InChiefsHell is too fat/Omaha.InChiefsHell is too fat/Omaha.InChiefsHell is too fat/Omaha.
  Reply With Quote
Old 06-24-2013, 11:21 AM   #18
Pitt Gorilla Pitt Gorilla is online now
Banned!
 
Pitt Gorilla's Avatar
 

Join Date: Sep 2000
Location: NOT Columbia, MO 65201
Casino cash: $110385
Quote:
Originally Posted by InChiefsHell View Post
I wonder how much he was actually suing for. Personally, I don't think he should have gotten money either, the judgement in his favor suffices.

And yeah, I went to school in the 80's and teachers never did this kind of crap...in high school anyway. College was a different story, but we were a little more grown up by then.
Most teachers aren't this way. Recall that this is a single data point.
__________________

That rabbit is crazy; I'm Brian Waters!

Kotter: "You are lucky I'm truly not the vindictive or psycho type...I'd be careful from now on, and I'd just back the hell off if I were you....otherwise, the Mizzou "extension office" life might get exciting"

Kotter: "You're just gay. G-A-Y. Gay."
Posts: 20,896
Pitt Gorilla is too fat/Omaha.Pitt Gorilla is too fat/Omaha.Pitt Gorilla is too fat/Omaha.Pitt Gorilla is too fat/Omaha.Pitt Gorilla is too fat/Omaha.Pitt Gorilla is too fat/Omaha.Pitt Gorilla is too fat/Omaha.Pitt Gorilla is too fat/Omaha.Pitt Gorilla is too fat/Omaha.Pitt Gorilla is too fat/Omaha.Pitt Gorilla is too fat/Omaha.
  Reply With Quote
Old 06-24-2013, 11:23 AM   #19
cosmo20002 cosmo20002 is online now
Debunking your bullshit
 
cosmo20002's Avatar
 

Join Date: Aug 2002
Location: KC area
Casino cash: $121107
Quote:
Originally Posted by InChiefsHell View Post
I wonder how much he was actually suing for. Personally, I don't think he should have gotten money either, the judgement in his favor suffices.

And yeah, I went to school in the 80's and teachers never did this kind of crap...in high school anyway. College was a different story, but we were a little more grown up by then.
Agree with all this. In the 80's though there was less controversy on the gay issue. It was wrong and everyone was good with that. Nowadays, the tide has turned. Thanks, Obama...
Posts: 17,258
cosmo20002 is obviously part of the inner Circle.cosmo20002 is obviously part of the inner Circle.cosmo20002 is obviously part of the inner Circle.cosmo20002 is obviously part of the inner Circle.cosmo20002 is obviously part of the inner Circle.cosmo20002 is obviously part of the inner Circle.cosmo20002 is obviously part of the inner Circle.cosmo20002 is obviously part of the inner Circle.cosmo20002 is obviously part of the inner Circle.cosmo20002 is obviously part of the inner Circle.cosmo20002 is obviously part of the inner Circle.
  Reply With Quote
Old 06-24-2013, 11:26 AM   #20
Discuss Thrower Discuss Thrower is online now
<3 <3 <3 <3 <3
 
Discuss Thrower's Avatar
 

Join Date: Jun 2006
Location: No, where do YOU live?
Casino cash: $65527
Love how savvy the second student was in getting outta class that day.
__________________

- credit goes to BoneKrusher for the pic

"Inception: (in-ˈsep-shən)--n. the act of convincing a female (usually out of one’s league) to have sex with you by making the female think it is her own idea.
Posts: 10,515
Discuss Thrower is too fat/Omaha.Discuss Thrower is too fat/Omaha.Discuss Thrower is too fat/Omaha.Discuss Thrower is too fat/Omaha.Discuss Thrower is too fat/Omaha.Discuss Thrower is too fat/Omaha.Discuss Thrower is too fat/Omaha.Discuss Thrower is too fat/Omaha.Discuss Thrower is too fat/Omaha.Discuss Thrower is too fat/Omaha.Discuss Thrower is too fat/Omaha.
  Reply With Quote
Old 06-24-2013, 11:31 AM   #21
InChiefsHell InChiefsHell is offline
Rockin' yer FACE OFF!
 
InChiefsHell's Avatar
 

Join Date: Feb 2003
Location: Omaha, Nebraska
Casino cash: $1083041
Quote:
Originally Posted by cosmo20002 View Post
Agree with all this. In the 80's though there was less controversy on the gay issue. It was wrong and everyone was good with that. Nowadays, the tide has turned. Thanks, Obama...
Well, it's not just the gay issue. It's like opinions are being spoon fed here. You WILL tolerate teh gheys or you will be punished. It never really got brought up that I can recall, but in the 80's it was just more accepted to be "wrong".

Seriously, I'm trying to think of controversial crap that teachers would instigate...I got nothin'. I think the biggest problem back then was Ozzy Ozbourne and Joe Camel t-shirts. Probably other stuff, but meh...and teachers didn't bring it up.
__________________

We have a million reasons for failure, but not one excuse...
Die Donks, DIE!!

A quote:
"Oh well, there's always next year. We'll be better then, you'll see..." - Every Chiefs fan for the last 42...crap...43 years...

Quit listening to all that crappy new music and check out HEADSTRONG!
Posts: 12,588
InChiefsHell is too fat/Omaha.InChiefsHell is too fat/Omaha.InChiefsHell is too fat/Omaha.InChiefsHell is too fat/Omaha.InChiefsHell is too fat/Omaha.InChiefsHell is too fat/Omaha.InChiefsHell is too fat/Omaha.InChiefsHell is too fat/Omaha.InChiefsHell is too fat/Omaha.InChiefsHell is too fat/Omaha.InChiefsHell is too fat/Omaha.
  Reply With Quote
Old 06-24-2013, 11:31 AM   #22
InChiefsHell InChiefsHell is offline
Rockin' yer FACE OFF!
 
InChiefsHell's Avatar
 

Join Date: Feb 2003
Location: Omaha, Nebraska
Casino cash: $1083041
Quote:
Originally Posted by Pitt Gorilla View Post
Most teachers aren't this way. Recall that this is a single data point.
True.
__________________

We have a million reasons for failure, but not one excuse...
Die Donks, DIE!!

A quote:
"Oh well, there's always next year. We'll be better then, you'll see..." - Every Chiefs fan for the last 42...crap...43 years...

Quit listening to all that crappy new music and check out HEADSTRONG!
Posts: 12,588
InChiefsHell is too fat/Omaha.InChiefsHell is too fat/Omaha.InChiefsHell is too fat/Omaha.InChiefsHell is too fat/Omaha.InChiefsHell is too fat/Omaha.InChiefsHell is too fat/Omaha.InChiefsHell is too fat/Omaha.InChiefsHell is too fat/Omaha.InChiefsHell is too fat/Omaha.InChiefsHell is too fat/Omaha.InChiefsHell is too fat/Omaha.
  Reply With Quote
Old 06-24-2013, 11:39 AM   #23
cosmo20002 cosmo20002 is online now
Debunking your bullshit
 
cosmo20002's Avatar
 

Join Date: Aug 2002
Location: KC area
Casino cash: $121107
Quote:
Originally Posted by InChiefsHell View Post
Well, it's not just the gay issue. It's like opinions are being spoon fed here. You WILL tolerate teh gheys or you will be punished. It never really got brought up that I can recall, but in the 80's it was just more accepted to be "wrong".

Seriously, I'm trying to think of controversial crap that teachers would instigate...I got nothin'. I think the biggest problem back then was Ozzy Ozbourne and Joe Camel t-shirts. Probably other stuff, but meh...and teachers didn't bring it up.
I think most teachers--there are exceptions of course--but the vast majority know to steer clear of discussions that get too much into religious beliefs. The "gay issue" and religion are somewhat connected, but here all the teacher had to say was, "you might not accept them, but you're just not allowed to bully them."
Posts: 17,258
cosmo20002 is obviously part of the inner Circle.cosmo20002 is obviously part of the inner Circle.cosmo20002 is obviously part of the inner Circle.cosmo20002 is obviously part of the inner Circle.cosmo20002 is obviously part of the inner Circle.cosmo20002 is obviously part of the inner Circle.cosmo20002 is obviously part of the inner Circle.cosmo20002 is obviously part of the inner Circle.cosmo20002 is obviously part of the inner Circle.cosmo20002 is obviously part of the inner Circle.cosmo20002 is obviously part of the inner Circle.
  Reply With Quote
Old 06-24-2013, 11:42 AM   #24
Pitt Gorilla Pitt Gorilla is online now
Banned!
 
Pitt Gorilla's Avatar
 

Join Date: Sep 2000
Location: NOT Columbia, MO 65201
Casino cash: $110385
Quote:
Originally Posted by InChiefsHell View Post
Well, it's not just the gay issue. It's like opinions are being spoon fed here. You WILL tolerate teh gheys or you will be punished. It never really got brought up that I can recall, but in the 80's it was just more accepted to be "wrong".

Seriously, I'm trying to think of controversial crap that teachers would instigate...I got nothin'. I think the biggest problem back then was Ozzy Ozbourne and Joe Camel t-shirts. Probably other stuff, but meh...and teachers didn't bring it up.
Big Johnson shirts.
__________________

That rabbit is crazy; I'm Brian Waters!

Kotter: "You are lucky I'm truly not the vindictive or psycho type...I'd be careful from now on, and I'd just back the hell off if I were you....otherwise, the Mizzou "extension office" life might get exciting"

Kotter: "You're just gay. G-A-Y. Gay."
Posts: 20,896
Pitt Gorilla is too fat/Omaha.Pitt Gorilla is too fat/Omaha.Pitt Gorilla is too fat/Omaha.Pitt Gorilla is too fat/Omaha.Pitt Gorilla is too fat/Omaha.Pitt Gorilla is too fat/Omaha.Pitt Gorilla is too fat/Omaha.Pitt Gorilla is too fat/Omaha.Pitt Gorilla is too fat/Omaha.Pitt Gorilla is too fat/Omaha.Pitt Gorilla is too fat/Omaha.
  Reply With Quote
Old 06-24-2013, 11:47 AM   #25
cosmo20002 cosmo20002 is online now
Debunking your bullshit
 
cosmo20002's Avatar
 

Join Date: Aug 2002
Location: KC area
Casino cash: $121107
Quote:
Originally Posted by Pitt Gorilla View Post
Big Johnson shirts.
I recall an incident or two with kids wearing the "See Dick ____, See Dick _____, DONT BE A DICK" shirts.
Posts: 17,258
cosmo20002 is obviously part of the inner Circle.cosmo20002 is obviously part of the inner Circle.cosmo20002 is obviously part of the inner Circle.cosmo20002 is obviously part of the inner Circle.cosmo20002 is obviously part of the inner Circle.cosmo20002 is obviously part of the inner Circle.cosmo20002 is obviously part of the inner Circle.cosmo20002 is obviously part of the inner Circle.cosmo20002 is obviously part of the inner Circle.cosmo20002 is obviously part of the inner Circle.cosmo20002 is obviously part of the inner Circle.
  Reply With Quote
Old 06-24-2013, 11:49 AM   #26
InChiefsHell InChiefsHell is offline
Rockin' yer FACE OFF!
 
InChiefsHell's Avatar
 

Join Date: Feb 2003
Location: Omaha, Nebraska
Casino cash: $1083041
Quote:
Originally Posted by cosmo20002 View Post
I recall an incident or two with kids wearing the "See Dick ____, See Dick _____, DONT BE A DICK" shirts.
Yeah, I remember the don't be a dick shirts...believe it or not, they were trying to ban Bart Simpson shirts as I recall...
__________________

We have a million reasons for failure, but not one excuse...
Die Donks, DIE!!

A quote:
"Oh well, there's always next year. We'll be better then, you'll see..." - Every Chiefs fan for the last 42...crap...43 years...

Quit listening to all that crappy new music and check out HEADSTRONG!
Posts: 12,588
InChiefsHell is too fat/Omaha.InChiefsHell is too fat/Omaha.InChiefsHell is too fat/Omaha.InChiefsHell is too fat/Omaha.InChiefsHell is too fat/Omaha.InChiefsHell is too fat/Omaha.InChiefsHell is too fat/Omaha.InChiefsHell is too fat/Omaha.InChiefsHell is too fat/Omaha.InChiefsHell is too fat/Omaha.InChiefsHell is too fat/Omaha.
  Reply With Quote
Old 06-24-2013, 11:51 AM   #27
Garcia Bronco Garcia Bronco is offline
No Keys, No Problem
 

Join Date: Sep 2000
Location: Denver
Casino cash: $77837
Quote:
Originally Posted by Discuss Thrower View Post
Love how savvy the second student was in getting outta class that day.
It seems anymore the way to get out of class is to say or wear something a teacher doesn't like.
Posts: 22,087
Garcia Bronco Forgot to Remove His Claytex and Got Toxic Shock Syndrome.Garcia Bronco Forgot to Remove His Claytex and Got Toxic Shock Syndrome.Garcia Bronco Forgot to Remove His Claytex and Got Toxic Shock Syndrome.Garcia Bronco Forgot to Remove His Claytex and Got Toxic Shock Syndrome.Garcia Bronco Forgot to Remove His Claytex and Got Toxic Shock Syndrome.Garcia Bronco Forgot to Remove His Claytex and Got Toxic Shock Syndrome.Garcia Bronco Forgot to Remove His Claytex and Got Toxic Shock Syndrome.Garcia Bronco Forgot to Remove His Claytex and Got Toxic Shock Syndrome.Garcia Bronco Forgot to Remove His Claytex and Got Toxic Shock Syndrome.Garcia Bronco Forgot to Remove His Claytex and Got Toxic Shock Syndrome.Garcia Bronco Forgot to Remove His Claytex and Got Toxic Shock Syndrome.
  Reply With Quote
Old 06-24-2013, 12:33 PM   #28
alnorth alnorth is offline
MVP
 
alnorth's Avatar
 

Join Date: Dec 2002
Location: Iowania
Casino cash: $12397917
When I read the headline, I immediately wondered "what the hell are the damages?" Then I got to here:

Quote:
Originally Posted by Donger View Post
The ruling was perhaps a hollow victory for the student, Daniel Glowacki, though, because the judge assessed damages of just a single, solitary dollar.
ahh, OK, there were none.

There are two things you need for a lawsuit. You need to be right, and you need to have been damaged, and it is more important to have damages than it is to be right. If you have a rock-solid case but no damages, lawyers wont touch it unless you pay them an hourly rate. If you have a flakey case but huge damages, the lawyers will line up to take it, and worry about how they can somehow convince a judge or jury that you were right later.

In a case like this, the only thing you can get out of a lawsuit is to have a judge wag his finger at the teacher and sternly tell him he's wrong and shouldn't do it again.
__________________
<WarMoose> Think about how stupid the average person is. Now realize that half of them are dumber than that.
<Chunda> Why half?
Posts: 25,465
alnorth 's phone was tapped by Scott Pioli.alnorth 's phone was tapped by Scott Pioli.alnorth 's phone was tapped by Scott Pioli.alnorth 's phone was tapped by Scott Pioli.alnorth 's phone was tapped by Scott Pioli.alnorth 's phone was tapped by Scott Pioli.alnorth 's phone was tapped by Scott Pioli.alnorth 's phone was tapped by Scott Pioli.alnorth 's phone was tapped by Scott Pioli.alnorth 's phone was tapped by Scott Pioli.alnorth 's phone was tapped by Scott Pioli.
  Reply With Quote
Old 06-24-2013, 12:41 PM   #29
Msmith Msmith is offline
Starter
 

Join Date: Jan 2004
Casino cash: $13614
The teacher was showing the class an anti-bullying video, yet he bullied the student for not agreeing with his own idea.
Posts: 784
Msmith is not part of the Right 53.Msmith is not part of the Right 53.Msmith is not part of the Right 53.Msmith is not part of the Right 53.Msmith is not part of the Right 53.Msmith is not part of the Right 53.Msmith is not part of the Right 53.Msmith is not part of the Right 53.Msmith is not part of the Right 53.Msmith is not part of the Right 53.Msmith is not part of the Right 53.
  Reply With Quote
Old 06-24-2013, 12:53 PM   #30
KILLER_CLOWN KILLER_CLOWN is offline
Be HEALED!!!!!!!
 
KILLER_CLOWN's Avatar
 

Join Date: Feb 2002
Location: Fascist State
Casino cash: $11142616
Quote:
Originally Posted by Msmith View Post
The teacher was showing the class an anti-bullying video, yet he bullied the student for not agreeing with his own idea.
I'm surprised people missed this, .
__________________
"Not every one that saith unto me, Lord, Lord, shall enter into the kingdom of heaven; but he that doeth the will of my Father ... And then will I profess unto them, I never knew you: depart from me, ye that work iniquity."

"If the people let government decide what foods they eat and what medicines they take, their bodies will soon be in as sorry a state as are the souls of those who live under tyranny." - Thomas Jefferson
Posts: 24,192
KILLER_CLOWN is obviously part of the inner Circle.KILLER_CLOWN is obviously part of the inner Circle.KILLER_CLOWN is obviously part of the inner Circle.KILLER_CLOWN is obviously part of the inner Circle.KILLER_CLOWN is obviously part of the inner Circle.KILLER_CLOWN is obviously part of the inner Circle.KILLER_CLOWN is obviously part of the inner Circle.KILLER_CLOWN is obviously part of the inner Circle.KILLER_CLOWN is obviously part of the inner Circle.KILLER_CLOWN is obviously part of the inner Circle.KILLER_CLOWN is obviously part of the inner Circle.
  Reply With Quote
Reply

Thread Tools
Display Modes

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is On

Forum Jump


All times are GMT -6. The time now is 01:31 PM.


Powered by vBulletin® Version 3.8.0
Copyright ©2000 - 2014, Jelsoft Enterprises Ltd.