Employees speaking for the government

JMH ACLJ JMHACLJ at AOL.COM
Mon Dec 22 12:14:47 PST 1997


<< Might you be referring to: BISHOP v. ARONOV, 926 F.2d 1066 (11th Cir.
 1991)(University professor brought 1983 action against university board of
 trustees in their official capacities, challenging memorandum instructing
 him to refrain from interjecting religious beliefs or preferences during
 instructional time periods and from conducting optional classes to discuss
 Christian perspective on academic topics.  The United States District Court
 for the Northern District of Alabama, No. 88-G-1591-S, J. Foy Guin, Jr.,
 J., 732 F.Supp. 1562, granted professor's motion for summary judgment.
 Board of trustees appealed.  The Court of Appeals, Floyd R. Gibson, Senior
 Circuit Judge, sitting by designation, held that:  (1) memorandum did not
 infringe professor's free speech or free exercise rights, and (2)
 memorandum did not establish religion.) >>

Yes.  I love the luxury Paul (?) accorded to himself:  "in a certain place it
is written . . . "  He knew that folks who cared would know where it was
written.

My recollection of Bishop is at play here, rather than a recent read, but
didn't the professor tell his students, in the nature of a disclaimer, that
his recreational philosophy was a reflection of his personal philosophy, which
in turn was a reflection of his personal religious beliefs.  The "optional
classes" were the prof's offer to those students who desired further insight
into the underlayment of their instructor's course-related philosophy, while
trying to avoid, quite scrupulously, any class-time E.C. problem.

Jim Henderson
ACLJ



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