CTA's 2nd Brief & Response to Plaintiff's 1st Brief - National Center ...

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Case: 09-56689 07/26/2010 Page: 24 of 80 ID: 7418245 DktEntry: 45-1 able to sit in a public school without having to listen to a teacher's biased rantings." (ISER 56-3, p. 26.) Context of The Peloza Comment During one class, Dr. Corbett was lecturing on the attempts to unify Italy in the Nineteenth Century. (ER 10, p. 184.) A student requested that he tell the story about John Peloza, a former teacher in the School District. (ER 10, p.194.) Dr. Corbett explained that Peloza had taught Biology when Corbett was an advisor to the student newspaper. After the student newspaper editor wrote an opinion piece criticizing Peloza for teaching religion (creation science) instead of science, Peloza sued Dr. Corbett (and the District and other teachers) for libel. (ER 10, p.195.) The District provided Dr. Corbett with an attorney who asked him to make no public statements about the lawsuit. (ER 10, p. 197.) Corbett then recounted to his students: At that point, I stood up and said, 'I'll tell you what. I will sign a statement giving you - you do not have to defend me, but I will not leave [Peloza] alone to propagandize kids with this religious, superstitious nonsense. [TI Every time he opens his mouth, I'm going to be there, and I'm going to do my best to make him look like a fool. If you can't handle that, that's okay. You don't have to defend me.' (ER 12, pp. 197: 19-198:2.) Peloza's lawsuit resulted in Peloza v. Capistrano Unzfied School District, 37 F.3d 517 (9th Cir. 1994), where this Court rejected Peloza's contention that "evolutionism" was a religion that he could not be compelled to teach.
Id at 521. Case: 09-56689 07/26/2010 Page: 25 of 80 ID: 7418245 DktEntry: 45-1 Context of Other Statements Claimed by Plaintiff to be Hostile to Relipion Immediately prior to making the statements set forth by Farnan in his Opening Brief at 15, fld, Dr. Corbett was explaining to students that they needed to understand that a consequence of the religious wars in Europe was 'that mankind becomes - because of the seismic revolution - a kind of cog in a cosmic clock instead of God's most important creation." (ER 15, pp.300-02.) In the statements quoted by Plaintiff concerning biblical literalism, Dr. Corbett was explaining the mindset of persons prior to the scientific revolution in the sixteenth century. (SER 44, p.2 1 .) Shortly after making the statements set forth by Farnan in his Opening Brief at 16 & 17, flflf & g, including the "Mark Twain quote," as part of a lecture explaining the differences between inductive and deductive reasoning, Dr. Corbett explained to his students, "There's lots of things you know, where deduction works just fine. But it's not scientific, and it doesn't lead you to scientific truth. It doesn't lead you to truth that has the weight of truth that is arrived at through systematic observation and experimentation." (ER 15, p.309.) Immediately prior to making the statements set forth in Farnan's Opening Brief at 18, Ti, Dr. Corbett explained to his class, "Remember the other day I was telling you about (inaudible) and violence against the Mormons? The next day, Robert
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CERTIFICATE OF COMPLIANCE I certify
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CTA's 2nd Brief & Response to Plaintiff's 1st Brief - National Center ...

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