Well, you have to give the religious fundamentalists in this country (the United States) one thing: they are indeed persistent. In fact, the situation in Texas public schools goes beyond the blatant teaching of creationism (which is a problem), because it extends to these fundamentalists pushing their narrow religious interpretations in public school “Bible classes”…
Fifty years ago, the U.S. Supreme Court struck down as unconstitutional the devotional use of the Bible by public schools, in its ruling on Abington Township v. Schempp.
But many school districts in the Lone Star State still haven’t gotten the message, according to a report released last month by the Texas Freedom Network (TFN) entitled “Reading, Writing and Religion.”
Conducted by religious studies professor Mark Chancey of Southern Methodist University, the study examines elective Bible courses offered in 57 Texas school districts and 3 charter schools and concludes that “evidence of sectarian bias, predominantly favoring perspectives of conservative Protestantism, is widespread.” (The full report is available at http://www.tfn.org/biblecourses.)
In other words, school officials in many parts of Texas convert public schools into Sunday schools in violation of the First Amendment’s ban on government establishment of religion. … [emphasis added]
So there you have it. When these fundamentalists lose in court they just ignore the law and continue with their illegal and unconstitutional proselytizingin public schools. This shows the necessity of vigilance on the part of those of us who value a secular society which fosters good science education and keeps church and state separate. So if your child attends a school with these kind of Bible courses, make sure to check up and see that they’re being taught in a constitutionally sound manner.
For many years now, various fundamentalist Christian groups have been attempting to post the Ten Commandments (which version? Good question…) in public buildings, using the lame argument that they serve a “secular purpose” as a way of skirting lawsuits for violation of church-state separation. Well, now those folks have been hoisted by their own pertard
Could the Ten Commandments be reduced to six, a federal judge asked Monday.
Would that neutralize the religious overtones of a commandments display that has the Giles County School Board in legal hot water?
That unorthodox suggestion was made by Judge Michael Urbanski during oral arguments over whether the display amounts to a governmental endorsement of religion, as alleged in a lawsuit filed by a student at Narrows High School.
After raising many pointed questions about whether the commandments pass legal muster, the judge referred the case to mediation – with a suggestion:
Remove the first four commandments, which are clearly religious in nature, and leave the remaining six, which make more secular commands, such as do not kill or steal.
Ever since the lawsuit was filed in September amid heated community reaction, school officials have said the display is not religious because it also includes historical documents such as the Bill of Rights and the Declaration of Independence.
“If indeed this issue is not about God, why wouldn’t it make sense for Giles County to say, ‘Let’s go back and just post the bottom six?’” Urbanski asked during a motions hearing in U.S. District Court in Roanoke.
“But if it’s really about God, then they wouldn’t be willing to do that.” … [emphasis added]
I think this judge is a genius. He’s asking the obvious question which clearly shows the motivations of these fundamentalists: to use public institutions to force their religious beliefs upon the rest of us. Up until this point, the fundamentalists have tried to have it both ways, using the wiggle room argument of a “secular purpose” as a wedge. But I think that’s the point of what the judge here is saying: to deny them any wiggle room at all. They must either step up and admit flat out that they had (and still do) a religious intent when displaying the Ten Commandments, and thus risk being on the losing end of a costly lawsuit; or they must accept the compromise, and thus risk encurring the wrath of their constituents. This lame attempt on their part to play coy and try coming up with an ad hoc “secular purpose” after the fact won’t fly with this judge.
They only have themselves to blame for getting into this position in the first place. If they bothered to follow the First Amendment Establishment Clause in the beginning, they wouldn’t have this problem; but nooooo, they had to try pushing their religious beliefs.
Quite frankly, they deserve the smackdown coming their way.
The National Center for Science Education has reported that the infamous “Monkey bill” in Tennessee has now become law by default, because while Gov. Haslam didn’t sign the bill, his refusal to veto it led to it automatically becoming law after a certain waiting period. More from the NCSE…
Governor Bill Haslam allowed Tennessee’s House Bill 368 to become law without his signature on April 10, 2012, according to the Memphis Commercial Appeal (April 10, 2012). The law encourages teachers to present the “scientific strengths and scientific weaknesses” of topics that arouse “debate and disputation” such as “biological evolution, the chemical origins of life, global warming, and human cloning.”
In a statement, Haslam explained, “I have reviewed the final language of HB 368/SB 893 and assessed the legislation’s impact. I have also evaluated the concerns that have been raised by the bill. I do not believe that this legislation changes the scientific standards that are taught in our schools or the curriculum that is used by our teachers. However, I also don’t believe that it accomplishes anything that isn’t already acceptable in our schools. The bill received strong bipartisan support, passing the House and Senate by a three-to-one margin, but good legislation should bring clarity and not confusion. My concern is that this bill has not met this objective. For that reason, I will not sign the bill but will allow it to become law without my signature.” …
… Probably contributing to Haslam’s unwillingness to sign the bill were the protests from state and national civil liberties, educational, and scientific groups, the editorials against the bill from the state’s major newspapers, and the petition effort organized by Larisa DeSantis of Vanderbilt University, which garnered thousands of signatures calling for a veto of HB 368.
What happens next seems inevitable: sooner or later, some creationist teachers are going to attempt to use this law as cover to teach creationism in public school science classes; they’ll get called out on it and taken to court; they will lose, likely costing the state many millions of dollars (plus giving them much-deserved embarrassment) in the process.
It looks like Tennessee has taken one step along the road presented by this graphic:
Way to go, Tennessee! Welcome back to the 19th century!!!
It’s not often spoken of, but I think perhaps one of the most critical reasons why it is that we need to have a populace that is well educated in basic critical thinking and reasoning skills can be summed up in how our court system works. In the United States, many trials in court are decided by juries, which are composed of everyday folk like you and me. And, as is sometimes the case, juries that are tasked with making major decisions – such as in murder cases – can all-too-often fall victim to sloppy thinking. And, unfortunately, sometimes this sloppy thinking is actively encouraged by rules set by the courts themselves!
However, recently there as a welcome challenge to the status quo: the New Jersey Supreme Court has issued new guidelines and regulations for how to take into account the validity of eyewitness testimony and the fallibility of human memory regarding identification. Read the following article from The Innocence Project for more information…
Today the New Jersey Supreme Court issued a landmark decision requiring major changes in the way courts are required to evaluate identification evidence at trial and how they should instruct juries. The new changes, designed to reduce the likelihood of wrongful convictions by taking into account more than 30 years of scientific research on eyewitness identification and memory, require courts to greatly expand the factors that courts and juries should consider in assessing the risk of misidentification. …
… The court’s decision requires judges to more thoroughly scrutinize the police identification procedures and many other variables that affect an eyewitness identification. The court noted that this more extensive scrutiny will require enhanced jury instructions on factors that increase the risk of misidentification. These factors include:
• Whether the lineup procedure was administered “double blind,” meaning that the officer who administers the lineup is unaware who the suspect is and the witness is told that the officer doesn’t know.
• Whether the witness was told that the suspect may not be in the lineup and that they need not make a choice.
• Whether the police avoided providing the witness with feedback that would cause the witness to believe he or she selected the correct suspect. Similarly, whether the police recorded the witnesses’ level of confidence at the time of the identification.
• Whether the witness had multiple opportunities to view the same person, which would make it more likely for the witness to choose this person as the suspect.
• Whether the witness was under a high level of stress.
• Whether a weapon was used, especially if the crime was of short duration.
• How much time the witness had to observe the event.
• How far the witness was from the perpetrator and what the lighting conditions were.
• Whether the witness possessed characteristics that would make it harder to make an identification, such as age of the witness and influence of alcohol or drugs.
• Whether the perpetrator possessed characteristics that would make it harder to make an identification. Was he or she wearing a disguise? Did the suspect have different facial features at the time of the identification?
• The length of time between the crime and identification.
• Whether the case involved cross-racial identification.
Folks, this is a big deal, because there is a mountain of strongly-supported research which shows just how untrustworthy and malleable memories can be and how this can lead to all manner of mistakes regarding the positive identification of suspects in court cases. For example, take a look at some of the work done by Dr. Elizabeth Loftus on this subject of the misinformation effect and false memories.
Th main point here that I want to emphasize is that the new Jersey Supreme Court took a huge step in the right direction by relying on the most well-tested science to guide its decision. And that is important, because science – more than any other human endeavor – has allowed us to collectively sort out the good ideas from the bad ideas regarding how the world works. And how the world works includes how we, as fallible beings, interact with it and each other.
In closing, I want to emphasize my point about critical thinking in the courts, and specifically in the jury box and deliberation room, by encouraging you to watch one of the best movies ever on the subject: 12 Angry Men. The original was made in 1957, but it was remade in 1997, and I think either version is excellent viewing. If you have never seen either version, take some time to check them out on Youtube or rent them, because I can only hope that every jury in the world is as rational as this one…
I don’t usually post on purely political topics, but some recent news is making me get out of my usual rut. I want to talk in this post about the U.S. drug problem… specifically, about how the “War on Drugs”, a.k.a. Drug Prohibition, is beyond useless – it has actually done far more harm than good.
Take a look at this recent news article showing how Drug Prohibition is a complete waste of time, money, resources, and essentially a civil war against our own citizens…
After 40 years, the United States’ war on drugs has cost $1 trillion and hundreds of thousands of lives, and for what? Drug use is rampant and violence even more brutal and widespread.
Even U.S. drug czar Gil Kerlikowske concedes the strategy hasn’t worked.
“In the grand scheme, it has not been successful,” Kerlikowske told The Associated Press. “Forty years later, the concern about drugs and drug problems is, if anything, magnified, intensified.”
This week President Obama promised to “reduce drug use and the great damage it causes” with a new national policy that he said treats drug use more as a public health issue and focuses on prevention and treatment.
Nevertheless, his administration has increased spending on interdiction and law enforcement to record levels both in dollars and in percentage terms; this year, they account for $10 billion of his $15.5 billion drug-control budget.
Kerlikowske, who coordinates all federal anti-drug policies, says it will take time for the spending to match the rhetoric. …
Not only that, but at the high school where I teach there used to be a student supervisor who was a retired cop. Over the years of his time on the force, he spent considerable time working the drug beat. Just before he left the school, he confided in me a revelation he’d had: that all the work he and his colleagues had done in enforcing drug laws, fighting the dealers, and so on had done absolutely nothing to stop (or even limit) the drug problem. Nothing.
That’s a startling revelation from someone whose profession it was to enforce the very laws and carry out the very War on Drugs which are supposed to protect us from this supposed scourge upon humanity.
Good news! It seems that the BCA has dropped its libel case against Simon Singh – this is a huge win for skepticism & free inquiry! Here are the details…
The British Chiropractic Association has dropped its libel case against Simon Singh. Read Simon’s, our and some of our supporters’ reactions to the news here: www.senseaboutscience.org.uk/index.php/site/project/478 Keep an eye out for coverage about this today – there has already been lots, I’ll include a few links below.
We are so pleased for Simon that the BCA has dropped the case but the campaign is far from over. Until we have a public interest defence that can protect discussion and comment about evidence and research, scientists, commentators, bloggers, forum users, authors and NGOs will continue to be bullied into silence, and cardiologist Dr Peter Wilmshurst is still fighting to defend his right to speak out about a medical device clinical trial.
With your support the Coalition for Libel Reform has secured manifesto commitments from all the major parties. But we need to continue to put pressure on politicians to make sure these promises are turned into meaningful reform once the new government is in place. We are organising a Free Speech General Election Hustings where you can come and question politicians on their commitment to libel reform for Wednesday 21st April in London. Check http://www.libelreform.org/ for more details about this soon.
The campaign reached 50,000 signatures of support last night. We really need to double this to keep the pressure up and make sure the politicians are aware of how serious the need for libel reform is. Please do all you can to help us reach our target by encouraging people to sign up at http://www.libelreform.org/
I just wanted to pass along to you a quick update concerning the ongoing United Kingdom court battle of Simon Singh vs. the British Chiropractic Association (my earlier blog posts on this matter are here and here). In fact, Simon just recently received some very good news regarding the whole situation…
Sorry for the silence, but it has been a ridiculously hectic (and happy) time since last week’s victory at the Court of Appeal. However, I urgently wanted to get in touch to update you on the status of my case, the latest news on libel reform and what you can do today to push libel reform up the political agenda.
BCA v Singh
April Fool’s Day 2010 was a day to remember. The Court of Appeal gave a ruling in my libel case with the British Chiropractic Association. The ruling strongly backs my arguments and puts me in a much stronger position when my trial eventually takes place. At last, after two years of defending my article and my right to free speech, I seem to have the upper hand and can breathe a small sigh of relief.
Moreover, the judges made it clear that they did not want to see scientists and science journalists being hauled through the High Court. In particular, they endorsed the view that a so-called comment defence should be adequate for scientific and other articles on matters of public interest. As well as the legal technicalities, the three wise, charming and handsome judges quoted Milton on the persecution of Galileo and directed that the High Court should not become an “Orwellian Ministry of Truth”.
Libel Reform Campaign
This is a small step forward for libel reform, but there is still a huge battle to be fought over the issues of costs, libel tourism, public interest defence, balancing the burden of proof, restricting the ability of powerful corporations to bully individuals (e.g., bloggers, journalists, scientists) and so on.
The General Election was called yesterday and the manifestos will be published in the next week, so we need one last push to persuade the major parties to commit to libel reform. Although we have already achieved a huge amount (from editorials in all last week’s broadsheets to the Commons Select Committee recommending libel reform), we must keep up the pressure!
Both the Labour and Conservative parties have made encouraging sounds about libel reform, but now is the time for them to make commitments in their manifestos.
What you can do today to pressure politicians
I have spent over a million minutes and £100,000 defending my article and my right to free speech, so I am asking you to spend just one minute and no money at all persuading others to sign the petition for libel reform at www.libelreform.org/sign
The last time I made this request, we doubled the number of signatories from 17,000 to 35,000. Can we now double the number from almost 50,000 to 100,000?!
You could ask parents, siblings, colleagues or friends to sign up. You could email everyone in your address book. You could blog about it, mention it to your Facebook friends and Twitter about it. In fact, I have pasted some possible tweets at the end of this email – it would be great if you could twitter one, some or all of them.
You could forward all or part of this email to people or just steer them to www.libelreform.org/sign. Or you could persuade people that English libel law needs radical reform by using some of the reasons listed at the end of this email.
Remember, we welcome signatories from around the world because English libel law has a damaging impact globally.
Please, please, please apply maximum pressure to the politicians by encouraging as many new signatories as possible. Please do not take my victory last week as a sign that the battle is over. My case is still ongoing and the campaign for libel reform is only just starting.
Thanks for all your support – it has been incredibly important for the campaign and a real morale booster personally over the last two years.
As some of the regular readers of this blog may recall, there is currently a case pending in the United Kingdom which could have potentially far-reaching consequences regarding issues of free speech & skepticism. Of course, I’m referring to the now-famous case of Simon Singh vs. the British Chiropractic Association and the associated grass-roots effort by our friends over at Sense About Science to reform the libel laws in the UK. Since I last blogged about it, there have been some interesting developments. I wanted to pass along the latest update I’ve received on this issue, so here goes…
Dear Friends
A message from Simon Singh:
“It has been 18 months since I was sued for libel after publishing my article on chiropractic. I am continuing to fight my case and am prepared to defend my article for another 18 months or more if necessary. The ongoing libel case has been distracting, draining and frustrating, but it has always been heartening to receive so much support, particularly from people who realise that English libel laws need to be reformed in order to allow robust discussion of matters of public interest. Over twenty thousand people signed the statement to Keep Libel Laws out of Science, but now we need you to sign up again and add your name to the new statement.
The new statement is necessary because the campaign for libel reform is stepping up a gear and will be working on much broader base. Sense About Science has joined forces with Index on Censorship and English PEN and their goal is to reach 100,000 or more signatories in order to help politicians appreciate the level of public support for libel reform. We have already met several leading figures from all three main parties and they have all showed signs of interest. Now, however, we need a final push in order to persuade them to commit to libel reform.
Finally, I would like to make three points. First, I will stress again – please take the time to reinforce your support for libel reform by signing up at www.libelreform.org. Second, please spread the word by blogging, twittering, Facebooking and emailing in order to encourage friends, family and colleagues to sign up. Third, for those supporters who live overseas, please also add your name to the petition and encourage others to do the same; unfortunately and embarrassingly, English libel laws impact writers in the rest of the world, but now you can help change those laws by showing your support for libel reform. While I fight in my own libel battle, I hope that you will fight the bigger battle of libel reform.”
And from me, Síle:
The campaign for libel reform was launched by Sense About Science, Index on Censorship and English PEN on Wednesday 9th December. You can read about it in the following articles:
Síle Lane
Public Liaison
Sense About Science
25 Shaftesbury Avenue
London W1D 7EG
Reg. Charity No. 1101114
Tel: +44 (0)20 7478 4380 www.senseaboutscience.org
Sense About Science is a small charity that equips people to make sense of science and evidence. We depend on donations, large and small, from people who support our work. You can donate, or find out more, at www.senseaboutscience.org/donate
Good news! Here’s a quick update of the situation in the ongoing trial of Simon Singh vs. the British Chiropractic Association. It seems that Singh has been granted a leave to appeal the court’s earlier decision against him…
A court ruling today affirmed science writer Simon Singh’s right to free expression. It grants him leave to appeal Mr Justice Eady’s ruling against him in a libel action brought by the British Chiropractic Association, reports Padraig Reidy
Popular science writer Simon Singh has been granted leave to appeal in the libel action brought against him by the British Chiropractic Association.
In a scathing rebuttal of Mr Justice Eady’s previous judgement in the case, Lord Justice Laws said Eady had risked swinging the balance of rights too far in favour of the right to reputation and against the right to free expression. Lord Justice Laws described Eady’s judgement, centred on Singh’s use of the word “bogus” in an article published by the Guardian newspaper, as “legally erroneous”.
Laws also pointed out that Eady’s judgement had conflated two issues — the meaning of the phrases complained of, and the issue of whether the article was presented as fact or fair comment.
Laws said there was “no question” of the “good faith” of Singh in writing the article, as the matter was “clearly in the public interest”.
Speaking after the judgement, Singh told Index on Censorship this was the “best possible result”.
“But I try not to get my hopes up,” he continued. “We have only won leave to appeal. Now we must convince the court of appeal on the issue of meaning. There is a long battle ahead. Reform of English libel laws, particularly the right to a public interest defence and a fairer costs structure, are vital.”
The BCA was not represented at this morning’s hearing.
On 29th July a number of magazines and websites are going to be publishing Simon Singh’s Guardian article on chiropractic from April 2008, with the part the BCA sued him for removed.
They are reprinting it, following the lead of Wilson da Silva at COSMOS magazine, because they think the public should have access to the evidence and the arguments in it that were lost when the Guardian withdrew the article after the British Chiropractic Association sued for libel.
We want as many people as possible around the world to print it or put it live on the internet at the same time to make an interesting story and prove that threatening libel or bringing a libel case against a science writer won’t necessarily shut down the debate.
Beware the Spinal Trap
by Simon Singh
You might be surprised to know that the founder of chiropractic therapy, Daniel David Palmer, wrote that “99% of all diseases are caused by displaced vertebrae”. In the 1860s, Palmer began to develop his theory that the spine was involved in almost every illness because the spinal cord connects the brain to the rest of the body. Therefore any misalignment could cause a problem in distant parts of the body.
In fact, Palmer’s first chiropractic intervention supposedly cured a man who had been profoundly deaf for 17 years. His second treatment was equally strange, because he claimed that he treated a patient with heart trouble by correcting a displaced vertebra.
You might think that modern chiropractors restrict themselves to treating back problems, but in fact some still possess quite wacky ideas. The fundamentalists argue that they can cure anything, including helping treat children with colic, sleeping and feeding problems, frequent ear infections, asthma and prolonged crying – even though there is not a jot of evidence.
I can confidently label these assertions as utter nonsense because I have co-authored a book about alternative medicine with the world’s first professor of complementary medicine, Edzard Ernst. He learned chiropractic techniques himself and used them as a doctor. This is when he began to see the need for some critical evaluation. Among other projects, he examined the evidence from 70 trials exploring the benefits of chiropractic therapy in conditions unrelated to the back. He found no evidence to suggest that chiropractors could treat any such conditions.
But what about chiropractic in the context of treating back problems? Manipulating the spine can cure some problems, but results are mixed. To be fair, conventional approaches, such as physiotherapy, also struggle to treat back problems with any consistency. Nevertheless, conventional therapy is still preferable because of the serious dangers associated with chiropractic.
In 2001, a systematic review of five studies revealed that roughly half of all chiropractic patients experience temporary adverse effects, such as pain, numbness, stiffness, dizziness and headaches. These are relatively minor effects, but the frequency is very high, and this has to be weighed against the limited benefit offered by chiropractors.
More worryingly, the hallmark technique of the chiropractor, known as high-velocity, low-amplitude thrust, carries much more significant risks. This involves pushing joints beyond their natural range of motion by applying a short, sharp force. Although this is a safe procedure for most patients, others can suffer dislocations and fractures.
Worse still, manipulation of the neck can damage the vertebral arteries, which supply blood to the brain. So-called vertebral dissection can ultimately cut off the blood supply, which in turn can lead to a stroke and even death. Because there is usually a delay between the vertebral dissection and the blockage of blood to the brain, the link between chiropractic and strokes went unnoticed for many years. Recently, however, it has been possible to identify cases where spinal manipulation has certainly been the cause of vertebral dissection.
Laurie Mathiason was a 20-year-old Canadian waitress who visited a chiropractor 21 times between 1997 and 1998 to relieve her low-back pain. On her penultimate visit she complained of stiffness in her neck. That evening she began dropping plates at the restaurant, so she returned to the chiropractor. As the chiropractor manipulated her neck, Mathiason began to cry, her eyes started to roll, she foamed at the mouth and her body began to convulse. She was rushed to hospital, slipped into a coma and died three days later. At the inquest, the coroner declared: “Laurie died of a ruptured vertebral artery, which occurred in association with a chiropractic manipulation of the neck.”
This case is not unique. In Canada alone there have been several other women who have died after receiving chiropractic therapy, and Edzard Ernst has identified about 700 cases of serious complications among the medical literature. This should be a major concern for health officials, particularly as under-reporting will mean that the actual number of cases is much higher.
If spinal manipulation were a drug with such serious adverse effects and so little demonstrable benefit, then it would almost certainly have been taken off the market.
A court ruling today affirmed science writer Simon Singh’s right to free expression. It grants him leave to appeal Mr Justice Eady’s ruling against him in a libel action brought by the British Chiropractic Association, reports Padraig Reidy
