Reading over the appeal filed by John Freshwater is a rather amusing way to spend half an hour. For example:
Except that the case he cites, Johnson v Poway, deals with speech by a student, not speech by a teacher while teaching his assigned subject. Not even remotely the same thing.
Once again, an irrelevant precedent. The quote deals with designated public forums where individuals are allowed to voice their views. In that setting, the government may not pick and choose which opinions are allowed and which are not. But Freshwater was a public school teacher. In that situation, the state must discriminate because it is forbidden by the First Amendment to endorse religious beliefs. Teachers simply are not free to teach their religious views in a public school classroom.
Now that’s an imaginative defense: “I taught three religions, not one, so I’m okay!”