Qualified immunity | LII / Legal Information InstituteQualified immunity - Wikipedia, the free encyclopedia
Qualified immunity shields government officials from liability for the violation of an individual's federal constitutional rights.
As outlined by the Supreme Court in Harlow v. Fitzgerald, 457 U.S. 800 (1982), qualified immunity is designed to shield government officials from actions "insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known."
In 2001, the Supreme Court in Saucier v. Katz established a rigid order in which courts must decide the merits of a defendant's qualified immunity defense. First, the court determines whether the complaint states a constitutional violation. If so, the next sequential step is to determine whether the right at issue was clearly established at the time of the official's conduct. The Court subsequently overruled Saucier in Pearson v. Callahan, holding that the two-step procedure was no longer mandatory.
Qualified Immunity Law & Legal Definition
Unless there is a law explicitly stating that teachers may not express an opinion on any religious view, a teach falls under qualified immunity and may express said opinion.
Even when we would have chosen a different response, "creationism is superstitious rubbish" still falls within the range of acceptability.
Last edited by Jerry; 08-24-11 at 09:08 PM.
Edit to add: It's not that teachers can express that in a classroom, it is that in the absence of a ruling that they should not, they have immunity.
Since public schools are part of the government, under the first amendment, teachers should not, in their roll as teacher take sides on religious matters.
As a point of trivia: according to that lineage, Adam was alive to know Noah for a few hundred years before finally dying of age before the flood.
As a day-age creationist I enjoy having no such conflict between creation and known science.
Last edited by Jerry; 08-24-11 at 09:23 PM.