On The Front Lines
TRI Attorneys Ask Federal Court to Protect Students' First Amendment Right to Access Information Concerning Origins of Life
Institute Attorneys Challenge ACLU Attempt to Censor Student Access to Information About Intelligent DesignHARRISBURG, Penn. -- Attorneys for The Rutherford Institute have filed
a motion to intervene in Tammy Kitzmiller, et al v. Dover Area School District on behalf of the First Amendment rights of a group of students and their parents who are opposing an effort by the ACLU to prevent science teachers or administrators from informing students that there are gaps in Darwin's theory of evolution and to censor and deny access to information to all ninth graders concerning criticism of the theory of biological evolution or any knowledge of other theories of the origins of life, including intelligent design.
"Students have a First Amendment right to receive information and ideas, and their parents certainly have a right to make sure that their children are not prohibited from learning about intelligent design or any other theories about the origins of life," said John W. Whitehead, president and founder of The Rutherford Institute. "Students' access to knowledge and ideas should not be impeded simply because some persons do not agree with the content of those ideas. As the courts have ruled, students must always remain free to inquire, to study and to evaluate, to gain new maturity and understanding."
On October 18, 2004, the Dover Area School Board in Dover, Penn., passed a resolution by a 6-3 vote stating that "Students will be made aware of the gaps/problems in Darwin's theory and of other theories of evolution including, but not limited to, intelligent design." On November 19, 2004, the Dover Area School District announced that teachers would be required to read, as part of the ninth-grade biology curriculum, a brief statement informing students that Darwin's theory of evolution contains certain gaps for which there is no scientific evidence and that other theories about the origins of life exist, including the theory of intelligent design. According to the statement, students are also encouraged to explore other theories about the origins of life, including those discussed in the reference book Of Pandas and People, which is currently housed in the school library. On December 14, 2004, in an attempt to block the school board's policy, the ACLU filed suit in federal court to prevent ninth-grade science teachers from informing students that there are gaps in the theory of biological evolution. The ACLU also asked the court to require the removal of Of Pandas and People from the school library and to rule that the school board's actions violated the Establishment Clause of the First Amendment. In filing a motion to intervene in the lawsuit, Rutherford Institute attorneys, in cooperation with the Philadelphia law firm of Drinker, Biddle & Reath, are working to ensure that students in the Dover Area School District are not denied access to a critical analysis of evolution merely because the ACLU believes the board's policy is religiously motivated. In arguing against the ACLU's attempt to censor information and reference materials about alternative theories regarding the origins of life, Institute attorneys point out that the "Constitution protects not just the right to express information and ideas, but also the right 'to receive information and ideas.'"
The Rutherford Institute is an international, nonprofit civil liberties organization committed to defending constitutional and human rights.
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