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Wednesday, April 23, 2014
New School Prayer Lawsuit
Matawan-Aberdeen Regional School District in New Jersey is being sued over the Pledge of Allegiance. Anonymous parents and the American Humanist Association are bringing the suit. They argue that the the phrase "under God" in the Pledge of Allegiance discriminates against atheists. The pledge
publicly disparages plaintiffs' religious beliefs, calls plaintiffs' patriotism into question, portrays plaintiffs as outsiders and second-class citizens, and forces (the child) to choose between nonparticipation in a patriotic exercise or participation in a patriotic exercise that is invidious to him and his religious class.
. . .
While plaintiffs recognize that (the child) has the right to refuse participation in the flag-salute exercise and pledge recitation, the child does not wish to be excluded from it, and in fact wants to be able to participate in an exercise that does not portray other religious groups as first-class citizens and his own as second-class.
To bolster their claim that the Pledge reinforces prejudice against atheists and Humanists, they cite to studies showing atheists are the most disliked and distrusted group in the country.
Unlike prior claims brought and rejected under the First Amendment of the United States Constitution, this claim proceeds under the New Jersey Constitution, which may make a difference.
In Newdow v. Rio Linda Union School District, 597 F.3d 1007 (9th Cir. 2010), the Ninth Circuit held that the Pledge in school did not violate the establishment clause. It reasoned that the words "under God" cannot be read alone, but must be read in the context of the entire pledge. Based on this context, the court held that the pledge and this phrase were patriotic not religious. It also pointed out that
The Supreme Court has agreed the Pledge is a "patriotic exercise designed to foster national unity and pride." Elk Grove Unified Sch. Dist. v. Newdow, 542 U.S. 1, 6, 124 S.Ct. 2301, 159 L.Ed.2d 98 (2004). Even the dissent agrees on this determinative point. Dissent at 4040 ("[T]he recitation of the Pledge both as originally written and as amended is a patriotic exercise...."). The question about which we disagree is whether this patriotic activity is turned into a religious activity because it includes words with religious meaning.
The 2010 decision by the 9th Circuit, however, was a shift in course, as some earlier decisions in the circuit had found the pledge to violate the Establishment Clause. The past history, as described by the court in Newdow, follows the jump.
April 23, 2014 in First Amendment | Permalink | Comments (0)
Monday, April 7, 2014
From the School Yard to Cyberspace: A Review of Bullying Liability
Elizabeth M. Jaffe's roundup of the caselaw and literature on cyberbullying, From the School Yard to Cyberspace: A Review of Bullying Liability, is now available on westlaw at 40 Rutgers Computer & Tech. L.J. 17 (2014). Her introduction summarizes the article as follows:
There has been a lot of change--both good and bad--over the course of scholarship focusing on bullying and cyberbullying. With the growing use of technology, bullies have moved from in-person encounters in the classroom or the schoolyard to chatrooms, walls, pages, and the like in the cyberworld. Despite the increased awareness and media coverage, bullying remains a growing problem in today's society. To that end, there are current voids in the law that need to be revised in order to protect the countless and growing number of victims. Simply put, the law has not gone far enough.
Through my research and involvement with this area of scholarship, there are few things that are clear. The First Amendment protects speech and ideas in the traditional sense but fails to adequately adapt to the changing online landscape. Traditional tort principles of liability have not played out yet to holding a bully liable for his actions, and the notion of holding the webhost liable has not taken hold to the extent that may be necessary. As such, we are left with the dilemma of where the legal landscape needs to proceed. Specifically, some type of duty is needed for bullying liability. But to whom should this duty apply? Accordingly, the purpose of this Article is to synthesize my scholarship to date focusing on the issue of bullying and cyberbullying in the context of primary and secondary education and propose resolutions to the cyberbullying epidemic by reviewing the appropriate instances and individuals to whom a duty should be imposed.
April 7, 2014 in Bullying and Harassment, First Amendment | Permalink | Comments (0)
Friday, April 4, 2014
Second Circuit: Prohibiting Church Services on School Property Does Not Violate First Amendment
The Second Circuit Court of Appeals has reversed a district court's ruling that the New York City's Board of Education policy prohibiting religious worship services on school grounds violated the Free Exercise and Establishment Clauses of the First Amendment. In Bronx Household of Faith v. Bd. of Educ. of City of New York, the NYC Board of Education and the local school district appealed a district court's grant of summary judgment permanently enjoining them from enforcing a regulation (Regulation I.Q.) against a church. Regulation I.Q. permits outside groups to use school premises after hours for social and civic activities that are open to the general public, but prohibits the use of school property for religious worship services. In 1994, a local church, the Bronx Household of Faith, applied to use space in a local middle school for church services, but the NYC Board of Education denied the application under Regulation I.Q. Bronx Household sued, arguing that the enforcement of the regulation constituted viewpoint discrimination and violated the First Amendment. In this latest round of litigation —the case has been before the Second Circuit six times—the court of appeals held that Supreme Court precedent in Church of the Lukumi Babalu Aye, Inc. v. City of Hialeah, 508 U.S. 520 (1993), does not compel strict scrutiny analysis of Regulation I.Q. Lukumi does not apply to Regulation I.Q., the Second Circuit reasoned, because "a reasonable governmental decision not to subsidize a category of activity is not a suspect discrimination among religions merely because some religions do and others do not engage in that activity. . . We believe the District Court has misunderstood Lukumi in construing it to mean that a rule declining to subsidize religious worship services so as not to risk violating the Establishment Clause is automatically constitutionally suspect and subject to strict scrutiny." The court of appeals also found the process of determining if a proposed use of school facilities is a religious worship service would not cause an excessive entanglement with religion under the Establishment Clause. Because the Board relies on applicants' stated characterizations to decide if proposed activities are religious worship services, the Board does not define or make its own determination about what constitutes religious worship. Moreover, the Circuit stated, the Supreme Court's decision in Hosanna-Tabor Evangelical Lutheran Church & Sch. v. E.E.O.C., 132 S.Ct. 694 (2012), would not prohibit the Board from making such a decision because 1) the Board would not impose any control over a church's religious activity by determining if they are worship services, and 2) the Supreme Court's own determination in Hosana-Tabor that the plaintiff was a minister (and thus that the ministerial exception applied to a church's employment decision) belies a conclusion that a governmental entity cannot make such a determination. Read the Second Circuit's decision in Bronx Household of Faith v. Bd. of Educ. of City of New York, 12-2730-CV, 2014 WL 1316301 (2d Cir. Apr. 3, 2014) here.
April 4, 2014 in Cases, First Amendment | Permalink | Comments (0)
Tuesday, March 25, 2014
The New Politics of School Vouchers: Privatization Masquerading As Constitutional Claims?
Yesterday, I had the opportunity to debate Richard Duncan in a Federalist Society forum on school choice. In my naivete, I had assumed the point of the debate was academic. Halfway through it, I felt compelled to point out to the audience that his arguments about religious freedom had moved well beyond constitutional doctrine or sound educational policy. Rather, he was forwarding a political argument masquerading as a constitutional claim. I revel in a good political debate as much as anyone else and said I welcomed a political debate, in which everyone would be entitled to their opinion, but the same is not necessarily true in regard to the constitutional and educational policy claims because there are certain baseline facts and doctrines beyond dispute there.
Nevertheless, I left the debate thinking our conversation was limited to a causal Monday afternoon luncheon. Today, my naivete was exemplified again. Stephanie Simon, of Politico, reports that taxpayers are increasingly bankrolling the tuition of students attending private religious schools. The current total investment in just 14 states is nearly $1 billion a year. Since 2010, those numbers are up 30 percent. Twenty-six additional states are considering measures that would add to this growth. I knew we had seen an uptick in recent years, but not this much. This rapid growth is being fueled by political lobbies. One pro-voucher group, the American Federation for Children, has spent $18 million on these campaigns since 2007.
Of course, this movement is not new. James Foreman's article, The Rise and Fall of School Vouchers: A Story of Religion, Race and Politics, 54 UCLA L. REV. 547 (2007), details how religious advocates for vouchers drew on inner city communities' interest in escaping failing schools to secularize their voucher claims, and how the Supreme Court then sanctioned it. But as charters became more readily available, inner city communities' interest in vouchers fizzled somewhat and, with it, the necessary political support to pass legislation. What is interesting in this new round of advocacy is that since the Court has sanctioned vouchers that place students in religious schools (because the overall program is non-discriminatory and the purported purpose secular), voucher advocates appear more willing to assert religious freedom, if not entitlement, as the basis for expanding voucher programs. They claim the state is discriminating against them if it does not provide them with vouchers. Current doctrine, of course, does not support such a claim. But pushing back against this claim requires that one sees it for what it is: a political claim. Moreover, it may not even be the politics of religion pushing it, but the politics of privatization, which use religious and minority interests as window dressing for a larger agenda.
March 25, 2014 in First Amendment | Permalink | Comments (0)
Friday, March 14, 2014
Should an Educational Leader's Testimonial Speech be Protected? by Scott Bauries
The following is a cross-post, curtesy of Scott Bauries at edjurist.com. Thanks Scott.
Imagine that you are an educational leader hired to head up an important community college program for at-risk youth. In your first days on the job, you do what any good leader does and audit the books. Through this review, you discover that you have an employee who is drawing a large salary from the program, but is not doing much, if any, work. You do some further digging, and you realize that this "employee" with the "no-show" job is also a sitting state legislator. You care about your fiduciary duty over the public money you've been entrusted, so you confront the no-show employee and request that she begin showing up and working. She not only refuses, but also threatens your livelihood. You are not a coward, so you fire her. Not only that, but when subpoenaed, you testify truthfully against her in her criminal trial once the feds discover her fraud. Soon after, you are fired.
You file suit against your former employer to challenge your termination as retaliation for your speech as a citizen on a matter of public concern. But the District Court, and later the Circuit Court of Appeals, reject your challenge, citing the Suprme Court's recent decision in Garcetti v. Ceballos. In Garcetti, the Court held that, "when public employees speak pursuant to their official duties, they do not speak as citizens, and the First Amendment does not shield their communications from employer discipline." Essentially, speech that a public employee is hired to make is not that employee's own speech, but his work product, and may therefore be the basis of employer discipline. The Circuit Court cites Garcetti and reasons that, because you testified only about matters you learned about at work, your testimonial speech "owe[d] its existence" to your employment, and was therefore made "pursuant to [your] official duties." Notwithstanding the Garcetti rule, the Circuit Court proclaims that it is immaterial that your job does not require you to testify in judicial proceedings, as long as your testimony is about your job.
Should this judicial sleight-of-hand resulting in an unbelievably expansive reading of the Garcetti exemption be allowed to stand? In Lane v. Franks, the Court will consider the question on alleged facts similar to those in the vignette above. Along with Professors Paul Secunda and Sheldon Nahmod, and on behalf of more than 60 other law professors, I have written an amicus brief (free download) arguing for the reversal of the 11th Circuit's flawed reading of Garcetti. The case will be argued on April 28th, and it could have major implications for public employees--including educational employees--nationwide.
March 14, 2014 in First Amendment | Permalink | Comments (0)
Friday, March 7, 2014
Ninth Circuit Upholds School's Suppression of American Flag T-Shirts on Cinco de Mayo Day
One of our recent posts noted the publication of R. George Wright's article, Post-Tinker, 10 Stan. J. Civ. Rts. & Civ. Liberties 1 (January 2014). Considering one of Professor Wright's points-- that we could dispense with Tinker in favor of allowing public schools' to control student speech based on (in part) their responsibility to teach civility and mutual forbearance-- a recent Ninth Circuit case might present a question of if wearing an American flag t-shirt is a breach of civility? In Dariano v. Morgan Hill Unified Sch. Dist., the Ninth Circuit upheld a school official's decision to require high school students wearing t-shirts bearing images of the American flag during a school-sanctioned celebration of Cinco de Mayo to turn the shirts inside out or go home after the school principal learned of threats of violence against the students. During a Northern California school's Cinco de Mayo day, several students wore American flag t-shirts to school, prompting comments from other students who viewed the students' shirts as a slight against Mexicans and Mexican-Americans. A year earlier, there had been threats and obscenities exchanged between a group of predominantly Caucasian students and a group of Latino students when the Caucasian students hung an American flag on a school tree and chanted "USA," in response to a group of students who had been walking around with a Mexican flag. The day of the flag t-shirt incident a year later, an assistant principal was told that some students were expressing displeasure about the American flag t-shirts. The assistant principal met with the students wearing the U.S. flag shirts and asked them to turn the shirts inside out or remove them, explaining that he was concerned that they may be attacked by students who supported the Cinco de Mayo celebration. The students acknowledged that the shirts might start fights, but refused to take them off. They were sent home with excused absences and stayed home two additional days after receiving threatening text messages. (Two other students were allowed to return to class because the shirts because they were wearing "TapouT," shirts that had a muted version of the U.S. flag.) The students who were sent home sued, alleging that the school violated their rights to freedom of expression, equal protection, and due process. In upholding the district court's grant of summary judgment for the assistant principal, the Ninth Circuit found that given the history of violence at the school, the school officials stopping the display of the t-shirts was a "tailored response" to "anticipated violence or substantial disruption of or material interference with school activities," and therefore the school's response was justified under Tinker. The Ninth Circuit found that the school's response was appropriately tailored under Tinker because while it suppressed the message on the clothing, they students were not punished for it and also allowed students wearing clothing with a less prominent message to wear their shirts. Read Dariano v. Morgan Hill Unified Sch. Dist. here.
March 7, 2014 in First Amendment | Permalink | Comments (0)
Tuesday, February 25, 2014
Educational Outcomes Versus Student Speech
R. George Wright's article, Post-Tinker, is now available at 10 Stan. J. Civ. Rts. & Civ. Liberties 1 (January 2014). The article argues that
the rise of computer communication by means of portable technologies [does not] necessarily condemn Tinker to irrelevance. It has recently been argued, for example, that "Tinker remains functional, and if properly applied to students' online expression, it can vindicate students' free expression interests while still allowing schools to properly regulate day-to-day student discipline and the educational process." And when we add in the options of modifying Tinker, as by abandoning either the first "disruption" prong or else the second "rights of others" prong, contemporary support for some version of Tinker is even broader.
At this point, however, it is fair, and indeed important, to ask about the likely consequences of radically abandoning Tinker. What might it mean, at this historical point, to abandon Tinker along with its qualifying and limiting cases? The discussion below pursues this question and eventually endorses just such a radical abandonment of Tinker. This is not an anti-student speech conclusion. It is instead a recognition of the importance of allowing public schools, if they so choose and within other constitutional and statutory bounds, to focus more on educational outcomes, equality, or other dimensions of the vital basic mission of contemporary public schools.
February 25, 2014 in First Amendment, Scholarship | Permalink | Comments (0)
Tuesday, February 11, 2014
Indiana's Private Schools' Creationism Curriculum Raises Questions
In Indiana, Establishment Clause questions are being renewed this week about private schools that receive public funds doing what public schools cannot: teaching Christian-based intelligent design doctrine and creationism with taxpayer-funded vouchers. Indiana's South Bend Tribune reports that the state's Choice Scholarship Program funds nearly 20,000 students to attend private schools with about $81 million of public voucher funds. Some of those private schools expressly state that they do not teach evolution as part of their curriculum, substituting faith-based texts for reading, history, and science classes. A recent article in Slate shows the growing amount of tax-credit scholarship and voucher programs going to schools that teach creationism as an alternative to evolution. Indiana's Choice Scholarship Program has not been challenged under the First Amendment's Establishment Clause, although the Indiana Supreme Court ruled last year that the Choice Program did not violate the state constitutional probihibition against funding religious institutions because the direct beneficiaries of the program were schoolchildren rather than the schools selected, and the state clause did not exclude religious teaching from public schools. Meredith v. Pence, 984 N.E.2d 1213 (Ind. 2013). Meredith's lawsuit challenged the state's voucher system generally (Indiana now has one of the most expansive voucher systems in the country), but Establishment Clause challenges could be coming.
February 11, 2014 in Charters and Vouchers, First Amendment | Permalink | Comments (0)
Thursday, February 6, 2014
Public School Credit for Private Religious Instruction: Did the Fourth Circuit Get It Right?
In August 2012, the Fourth Circuit Court of Appeals in Moss v. Spartanburg County School District Seven, 683 F.3d 599, (2012), held that a South Carolina statute that allowed public schools to give public school credit for private religious instruction did not violate the First Amendment's prohibition of establishment of religion. The court reasoned that
The School District employed a model in which primary responsibility for evaluating released time courses lay with accredited private schools, not the public schools. Thus, under this model, an unaccredited entity, such as Spartanburg Bible School, could offer a released time course and assign grades to participating students for transfer to the public school system if it received a stamp of approval from an accredited private school. In this manner, the released time grades are handled much like the grades of a student who wishes to transfer from an accredited private school into a public school within the School District; the public school accepts the grades without individually assessing the quality or subject matter of the course, trusting the private school accreditation process to ensure adequate academic standards.
This model has enabled the School District to accommodate the desires of parents and students to participate in private religious education in Spartanburg County while avoiding the potential perils inherent in any governmental assessment of the "quality" of religious instruction.
A new article by Samuel R. V. Garland-- Moss v. Spartanburg County: How the Fourth Circuit Got it Wrong and What it Means for the Future, 48 Wake Forest L. Rev. 1075 (Fall 2013)--dissects this case. He argues that the Fourth Circuit effectively collapsed the three separate prongs from Lemon v. Kurtzman into a singular conclusory analysis about the statute's constitutionality. Separate consideration of each Lemon prong, or application of the coercion or endorsement tests from other Supreme Court holdings, would have demonstrated that the statute was unconstitutional.
February 6, 2014 in First Amendment | Permalink | Comments (0)
Tuesday, February 4, 2014
School Principal Alleges He Was Fired for Raising Concerns about Racial Inequities in Schools
Alan Houston, an African-American middle school principal, alleged he was removed from his position in retaliation for racial complaints made by Houston and his wife. Houston alleged this action violated Equal Protection, the First Amendment, and state tort law. The District Court, in Houston v. Indep. Sch. Dist. No. 89 of Okla. Cnty., 949 F.Supp.2d 1104 (W.D. Okla. 2013), dismissed Houston's equal protection and state claims, but held that he could amend his equal protection claim. The equal protection claim was not fully fleshed out, but my reading is that the better claim would have been a Title VI or Title VII complaint, in which he alleged retaliation for his complaints regarding discrimination. The Supreme Court in Jackson v. Birmingham explicitly recognized such a claim for complaints of gender discrimination under Title IX and lower courts have extended the holding to Title VI.
The First Amendment claim is particularly interesting. The court takes up the Garcetti and Pickering analysis and combines them into a 5-factor test, focusing heavily on whether the speech was of public concern and made in the plaintiff's official capacity. The district court also applies the Twombly/Iqbal pleading standards. In short, the case is a professor's playground for new, controversial and intersecting Supreme Court precedent. Unfortunately, the district court's opinion is relative short.
February 4, 2014 in Discrimination, First Amendment | Permalink | Comments (0)
Monday, January 6, 2014
South Carolina Bill to Mandate Prayer in Schools: A Marvel in Quadruple Unconstitutionality
South Carolina Democrats have renewed a bill that would put "prayer back in schools." I did not know if ever left. No Supreme Court decision has ever done anything to limit a student's voluntary desire to pray. Assuming students still have that desire, they can pretty much pray any time they want, although during classroom instruction may require that they pray silent. What the Supreme Court has held is that school officials cannot lead students in prayer, endorse prayer, construct settings that coerce students to pray, or give students who wish to pray beneficial treatment.
The proposed bill in South Carolina states "All schools shall provide for a minute of mandatory silence at the beginning of each school day, during which time the teacher may deliver a prayer, provided the school allows a student to leave the classroom if the student does not want to listen to or participate in the prayer." I will have to give South Carolina legislators credit for this one. It would seem to violate all four of the above constitutional prohibitions. It provides for teachers to lead prayer. It goes way beyond just endorsement; it mandates time explicitly for prayer. By asking those who do not wish to pray to leave, it asks them to single themselves out as non-believers/non-prayers and, thus, coerces their participation in prayer. Asking everyone who does not wish to prayer to leave the classroom also giver praying students preferential treatment. They get to stay in place while others presumably stand in the hall.
Representative William Gilliard, however, sees this as a compromise bill, reasoning that "students to pray to whomever they want to. If they want to do away with teachers conducting the prayer that would be fine with us. The essential part of the bill, the important part, is putting prayer back in school. There would be no noise, no disruption, no anything. But the teacher would conduct it to let the students know we would have one minute for a moment of silence of prayer. That person can pray to whomever they please."
For obvious reasons, this bill has stalled in the judiciary committee. But with support from democrats, I would not write this bill off, particularly in a legislature that both now and historically spends a lot of time on "nullification" bills.
January 6, 2014 in First Amendment | Permalink | Comments (0)
Tuesday, December 10, 2013
Seventh Circuit Upholds Firing of School Counselor Who Wrote Relationship Advice Book Titled "It's Her Fault"
The Seventh Circuit Court of Appeals has upheld the dismissal of a tenured school guidance counselor's lawsuit who was fired after writing a sexually explicit book entitled It's Her Fault. While upholding the counselor's firiring in Craig v. Rich Twp. High Sch. Dist. 227, 13-1398, 2013 WL 6235856 (7th Cir. Dec. 3, 2013), the appellate court reversed the district court's finding that the book was not a matter of public concern. The case presents some tension, however, in deciding when an employee can be discharged for private sexual expression that would otherwise be protected by the First Amendment. Bryan Craig, a counselor and women's basketball coach at Rich Central High School in suburban Chicago, self-published It's Her Fault, an adult relationship advice book in 2012. Commenting on the book's subject, the 7th Circuit noted that "when we say "adult," we mean it in every sense of the word—in his book, Craig repeatedly discusses sexually provocative themes and uses sexually explicit terminology." (A brief look at It's Her Fault's Amazon reviews generally supports that assessment.) In the book's introduction, Craig said that he was qualified to give women relationship advice because he coached girls basketball, worked "in an office where I am the only male counselor, and [was] responsible for roughly 425 high school students a year, about half of whom are females." Craig also thanked his students in the acknowledgements and had another Rich Central write the book's foreword. In September 2012, the Richman Township High School District found out about the book and discharged Craig on three grounds: (1) that the book "caused disruption, concern, distrust and confusion among members of the School District community;" (2) Craig violated the policy "prohibit [ing] conduct that creates 'an intimidating, hostile, or offensive educational environment;" and (3) that "Craig failed to present [himself as] a positive role model and failed to properly comport himself in accordance with his professional obligations as a public teacher." Craig sued the school district under 42 U.S.C. § 1983 alleging retaliation against him for engaging in protected speech. The Northern District of Illinois dismissed Craig's suit for failure to state a claim because It's Her Fault did not address a matter of public concern and thus was not entitled to First Amendment protection. Read more after the jump.
December 10, 2013 in Cases, First Amendment | Permalink | Comments (0)
Monday, December 2, 2013
Wisconsin Student Speech Decision Reverses on First Amendment Grounds but Affirms Adjudication on Unlawful Computer Use
While the Wisconsin Court of Appeals reversed a student's disorderly conduct juvenile adjudication on First Amendment grounds last week, the appellate court curiously affirmed the adjudication for violating a state unauthorized-use-of-a-computer statute for the same conduct. Those who follow the developing law of federal unauthorized use statutes will recognize the bedeviling issues that arise when defendants are prosecuted for protected First Amendment speech because of the method used to deliver that speech--a computer. The Wisconsin student, Kaleb K., was prosecuted under state disorderly conduct and unauthorized computer use statutes after posting a YouTube video about his Spanish teacher. At trial, the lower court rejected Kaleb's claim that "the content of his rap was protected by the First Amendment, which barred the State from prosecuting him for disorderly conduct." The trial court's findings focused on the rap's vulgar language without addressing the student's First Amendment defense. The lower court found the student delinquent for disorderly conduct for the video and for a violating a state law prohibiting the unlawful use of a computerized communication system. The unauthorized use law prohibits using computer communication to send a message to another person "with intent to frighten, intimidate, threaten or abuse … with the reasonable expectation that the person will receive the message and in that message uses any obscene, lewd or profane language or suggests any lewd or lascivious act." The Wisconsin Court of Appeals affirmed Kaleb K.'s adjudication of guilt on the unlawful use of a computerized communication system under a state case holding that "nonspeech elements" of otherwise protected speech may be subject to prosecution. Given the Court of Appeals' interesting split reasoning, this case may be headed to Wisconsin's Supreme Court. The case is In re Kaleb K., No. 2013AP839, 2013 WL 6182562 (Wis. Ct. App. Nov. 27, 2013).
December 2, 2013 in Cases, First Amendment | Permalink | Comments (0)
Confederate Flag Leads to Suspensions and Ban, But Cases Not Necessarily Simple
Just before Thanksgiving, a fight broke out between two students at Millennium High School in Goodyear, Arizona, over one student displaying a confederate flag on his car. The school's response: suspend both students for five weeks and ban the student from displaying the confederate flag. The student who displayed the flag still objects, arguing that the flag does not represent racism, but freedom. He offered the standard high school distinction: "The flag means basically more independence, less government. It didn't mean racism, it didn't mean slavery, it didn't mean any of that. It basically meant what they were fighting for was their right to be independent and not have the government control them."
The school district, of course, responded by pointing out that the confederate flag "has been proven to be patently offensive to certain groups and the courts recognize that." Moreover, "[o]bviously there was some event that took place it was related to reaction to the flag and it did create an environment where it was disruptive."
The school is right on courts' interpretation of the flag. Just last year, for instance, the Fourth Circuit in Hardwick ex rel. Hardwick v. Heyward, 711 F.3d 426 (4th Cir. 2013), ruled in favor of a school district that had stopped a student from wearing shirts displaying the Confederate flag because the shirts were likely to cause a substantial disruption to the school environment.
While the current student's position on the flag ignores a lot of history and, even as a high school student, I found such arguments to be silly, I often got the sense that many such students were sincere in their ignorance, which potentially makes these cases more complicated. If a student's argument is pretext, a school can easily intervene. But if the student is expressing a genuine, albiet ignorant, belief about independence, a student's argument gets a little better.
Schools have the authority to limit speech that poses a substantial disruption, but Tinker v. DeMoines, 393 U.S. 503 (1969), indicates that they must distinguish between disruptions that are a result of the person expressing himself and those that are a result of inaappropriate reactions by the listener or viewer. After all, there were some disruptions in Tinker when other students responded to Tinker's Viet Nam protest armband. If the response is, for instance, the result of the listener's immaturity, it is wrong to punish the speaker. This line, however, is far easier to draw in theory than reality, particularly when student speakers and listeners border on per se immature and ignorant in various respects.
In the context of the flag, even if the student's position is sincere, the student has to know that others do not see the flag the same as he does, which raises the question of whether such a student is just being coy in the slavery versus independence distinction. Even if the student does not support racism, the student is probably trying to incite a reaction. If the student were not hoping to incite some reaction, might not the student express his position a little differently? Then again, these are students and wisdom is not to be expected.
Rather than engage in pyscho-babble courts take the understandbly easy route out of these cases and just label the flag disruptive. As a practical matter, I suppose that is correct, but skipping analytical steps is dangerous. Consider the fact that in Hinduism a swatiska is a geometric represenation of the god Ganesha. As a general principle, a school might be inclined to perceive swatiskas as inherently disruptive, just like the confederate flag, but that rationale would quickly fall apart if the school sought to prohibit a Hindu student from displaying it.
(image with permission from Jean nguyen)
December 2, 2013 in Discipline, First Amendment | Permalink | Comments (0)
Wednesday, November 20, 2013
Ohio Supreme Court Avoids Constitutional Issue in Firing of Intelligent Design Science Teacher
The Ohio Supreme Court affirmed yesterday a lower court's decision that a teacher could be fired for insubordination, thus avoiding a constiutional question of whether his teaching creationism and intelligent design in science classes imposed religious values on students. John Freshwater was a tenured high school science teacher who worked in the Mount Vernon City School District for twenty years. He had never been disciplined, even though he taught creationism and intelligent design in his eighth grade science classes, a violation of the school district's Academic Content Standards. The school board asked Freshwater to remove religious displays in his classroom such as the Ten Commandments and a poster depicting a Biblical verse above a photograph of former President George W. Bush and former Secretary of State Colin Powell in prayer. The district also warned Freshwater not to proceed with a plan to "critically examine" evolution in his science class. Freshwater ignored both dictates. Freshwater was fired in 2007 after using a Tesla Coil to make a cross on a student's arm that lasted over a week. (He denied intending to do so.) The Mount Vernon City School Board terminated Freshwater for cause because he "injected his personal religious beliefs into his plan and pattern of instructing his students that also included a religious display in his classroom," and for insubordination. Freshwater v. Mt. Vernon City Sch. Dist. Bd. of Edn., 2012-Ohio-889 (Ohio Ct. App. Mar. 5, 2012). The Ohio Supreme Court yesterday found the record supported Freshwater's termination for insubordination in failing to comply with orders to remove religious materials from his classroom. The Court agreed that the district complied with the First Amendment by not allowing a public school teacher to "engage in any activity that promotes or denigrates a particular religion or religious beliefs while on board property, during any school activity" or when he was teaching." Because the court found that good cause existed for Freshwater's termination, it declined to reach the constitutional issue of "whether Freshwater impermissibly imposed his religious beliefs in his classroom." Read Freshwater v. Mt. Vernon City School Dist. Bd. of Ed. here.
November 20, 2013 in Cases, First Amendment | Permalink | Comments (0)
Tuesday, November 19, 2013
Case Alleging School Interfered with Protests of Mistreatment of Lesbian, Gay, Bisexual and Transgendered Students Moves Forward
Amber Hatcher, a student at Desoto County High School, filed a lawsuit against the Desoto County School Board, the Principal at her high school, and other school officials alleged that they "have engaged and are engaging in conduct which violates her First Amendment rights. In April, 2012 [Hatcher] sought to organize and participate in the National Day of Silence at her high school in an effort to bring attention to the harms associated with bullying and harassment directed at lesbian, gay, bisexual and transgender students." Hatcher asserts that the school interfered with her ability to bring attention to the issues and that it plans to do so again this year.
In Hatcher ex rel Hatcher v. DeSoto County School Dist. Bd. of Educ,, 939 F.Supp.2d 1232 (M.D. Fla. 2013), the district court found that "[a]t least some of these proposed activities were well within the First Amendment and required no approval by any school official, e.g., remaining silent outside of class, communicating in writing or by dry erase board outside of class, non-vulgar conversations about the upcoming National Day of Silence." Thus, it denied the defendant's motion to dismiss and claims of qualified immunity.
November 19, 2013 in Bullying and Harassment, First Amendment | Permalink | Comments (0)
Thursday, October 31, 2013
Pa. School District Appeals "I ♥ Boobies" Case to the U.S. Supreme Court
October 31, 2013 in First Amendment, News | Permalink | Comments (0)
Students Suspended for "Pink Out" Shirts But the Real Problem Is the District's Inconsistency
In August, Emily Gold Waldman's post on the First Amendment "I [Heart] Boobies" case noted how school policies piecing out acceptable cancer awareness clothing from the "lewd" can get messy. Last Friday, Friendly High School in Prince George's County, MD, handed out in-school suspensions to students who showed up to school in Breast Cancer Awarness Month t-shirts. Seventy-five students showed up in pink shirts to celebrate October's "Pink Out" breast cancer campaign that readers may have seen during NFL, WNBA, MLB, and PGA Tour events this month. But pink shirts violate the district's uniform policy, and the principal told students in advance that they could not hold their annual "Pink Out." When students showed up anyway wearing pink shirts, they were ordered to cover up or receive in-school suspensions. The students given in-school suspensions were told that they would receive an unexcused absence and zeros for their classes. Here's the messy part: the first wave of students apparently were ordered to cover up the pink shirts with some acceptable ones that the school had around. Those students went on to class. But the school ran out of acceptable cover-up shirts, so students who showed up later got in-class suspensions. Yesterday, the district posted an apology on Friendly High's website for the "confusion regarding our school's Breast Cancer Awareness event this year... The student Pink-Out that occurred on Friday has made the school district aware of the issues that can result from inconsistencies in uniform policies for special commemorative events." Instead, the school allowed all students to wear pink ribbons yesterday. I suspect (or hope at least) that the school rescinded the in-school suspensions because of the inconsistent policy. Read more at the National School Boards Association here.
October 31, 2013 in First Amendment, News | Permalink | Comments (0)
John Taylor on Pennsylvania's Bill Requiring Schools to Display "In God We Trust"
The Pennsylvania's House Education Committee has passed a bill (the "National Motto Display Act") that would require all public schools to display the words "In God We Trust." It is not yet clear when or if the measure will be put to a floor vote. Should it become law, it will inevitably lead to high-profile, divisive litigation which will require some unfortunate federal district judge to confront the Supreme Court's confusing pronouncements about government religious speech.
"In God We Trust" began appearing on U.S. coins in 1864 (during the Civil War) and was adopted as the national motto in 1956 (during the Cold War). (In each case, one motivation may have been to proclaim that God was "on our side" of the conflict.) The still-governing principles of Establishment Law (i.e. the Lemon, endorsement, coercion tests) would suggest that these invocations of God are unconstitutional. If the government is supposed to remain neutral in matters of religion and is forbidden from "declaring religious truth" (as Prof. Andrew Koppelman would put it), "In God We Trust" looks to be clearly unconstitutional. Like "Under God" in the Pledge of Allegiance, the national motto is a statement of what defines and unites us a people – and what unites us is said to be faith in (read most broadly) the God of the Abrahamic religions (Judaism, Christianity, Islam). That is hardly neutral. Nevertheless, it is impossible to imagine that the current Supreme Court (or, for that matter, more liberal past Courts) would actually rule "under God" in the Pledge or "In God We Trust" on currency as unconstitutional. While rationales are harder to foresee, the end results are not. Consequently, we have a strong – and obvious – tension between principles and practice in the Court's jurisprudence of government religious speech. In her role as median justice on church-state issues, Justice O'Connor sought to resolve the tensions by treating "under God" and "In God We Trust" as instances of ceremonial deism. Today, somewhere between two and five of the Justices might resolve the conflict by abandoning the principle of neutrality altogether and stating that government may embrace "monotheism," if not Christianity. (This would be a bad idea, in my view, but that is a larger topic than a blog post permits.) Until the Court either explains or dissolves the tension between theory and practice, lower courts face a difficult job.
October 31, 2013 in First Amendment | Permalink | Comments (0)
Tuesday, October 29, 2013
Emily Gold Waldman on Suspending Student for English Class Poem
Last week, there was major press coverage of Rittman High School officials' decision to kick a 16-year-old football player off the team and suspend him from school because he wrote a poem criticizing his coach. News outlets like Sports Illustrated, and Fox News, as well as many regional papers, reported the story. I was happy to later read that after reconsideration, the school district – located in Rittman, Ohio – reversed the punishment and let the student back on the team. (In fact, I'd been all set to write a post urging precisely this outcome.)
How schools can and should deal with hostile student speech about school officials is a fascinating issue, one that has become even more prominent with the rise of digital speech, where students often feel less inhibited. This particular speech, however, was not digital. Rather, the student, Nick Andre, wrote a poem for an English composition class, in response to an assignment asking him to focus on something that made him angry. His poem, entitled "Stupid," referred to the head football coach, whose 25-year-old son served as offensive coordinator and whose high-school son was a member of the team. Andre's poem mentioned "favoritism" on the team, talking about "the inability to separate being a father and a coach" and "continuously doing what doesn't work." After Andre read the poem to his class, the principal suspended him and kicked him off the team on grounds that he wrote a "mean and disrespectful poem about another student and our athletic director/head coach."
In an article I wrote a few years ago on hostile student speech about school officials, "Badmouthing Authority: Hostile Speech About School Officials and the Limits of School Restrictions," 19 William & Mary Bill of Rights Journal 591 (2011), I observed that such hostile speech basically falls into three main categories: (1) speech that arguably threatens a school official; (2) speech that is primarily vulgar about a school official, and (3) speech that, while expressing non-threatening hostility toward a school official, also expresses a substantive viewpoint about that official's behavior. I was particularly concerned that schools were too quick to restrict even the third category of student speech when it occurred at school, running the risk of suppressing legitimate student dissent.
October 29, 2013 in First Amendment | Permalink | Comments (0)


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Being able to quickly troubleshoot DNS is a key skill, and one that every IT pro should have. Here are some tools and methods to get you started.Continue reading
Being able to quickly troubleshoot DNS is a key skill, and one that every IT pro should have. Here are some tools and methods to get you started.Continue reading
Microsoft give us a relatively light slate of security updates this month. Of the four updates coming our way this time, only one is critical.Continue reading
Sometimes poking at things with a sharp stick can get us into trouble, and this list describes the 21 most common misconfigurations that will come back to haunt you, because poking at things randomly means trouble if you don't pay attention to the outcome!Continue reading
You can use PSPing to perform simple "is it up" tests for services, or when ICMP is blocked by a firewall, but you can also perform much more complex network troubleshooting for problems caused by latency, or related to bandwidth. More in this post!Continue reading
After last month's nine updates, several of which caused problems and had to be recalled and re-issued, Microsoft is releasing only four security bulletins for September's Patch Tuesday, and only one of these is rated critical.Continue reading
Elad Schreiber, Product Manager for GFI Cloud, talks about the latest release and the addition of remote administration tools to the Monitoring feature.Continue reading
For many people today, the social network itself has become the primary interface… Are we narrowing our scope of information (and maybe our minds) by spending so much time on our social site of choice?Continue reading
With the advent of social networks such as Facebook, LinkedIn and Google+, whose terms of service require that you use your real name, anonymity is rapidly disappearing. Is that a good thing or a bad thing?Continue reading
If you'd like to learn how to evaluate firewall connectivity, check on service restarts, and determine if servers are up even when ICMP is being blocked, read on for more on TCPing.Continue reading
If you're one of the small but significant number of users whose computer crashed due to the Patch Tuesday updates, the fixes – imperfect as they are – will be welcomed. If you're not, you're probably going to be a bit irritated at having to "fix what's not broken" and possibly risk brand new problems.Continue reading


text:
ICYMI: 'Amazing Spider-Man 2′ Reveals Electro
The Amazing Spider-Man 2 debuted Electro, its new villain, at Comic-Con this weekend. Yes, that's Jamie Foxx. Yes, he has electrical powers. We suppose a brief explanation is in order….
Electro is, as you may have guessed, a Spider-Man supervillain with the power to control electricity, whose real name is Max Dillon. In the movie, Max is actually something of a loser. People bump into him on the street, he can't get any respect at his job, and the movie apparently opens with his mother forgetting his birthday.
Then, proving that it's a really bad idea to have a birthday, in a movie, ever, he nearly gets run over by a Russian gangster who will play a more important role in future Spidey movies; they're going to get through at least Spider-Man 4 this time around. Spidey saves his life and tries to bolster Max's self-esteem a bit, but, in fairly short order, Max gets fried by an electrical panel and knocked into a vat of electric eels.
Yes, he works at OsCorp. Of course he does. And no, OsCorp has never heard of OSHA compliance. Anyway, you knock a guy with zero self-esteem into a vat of eels and he comes out basically a creature of pure electricity. And he's really excited about it!
Yeah, that, and the electricity running through his face, and the glowing accents on his chest… those are nothing to worry about. You should totally cover that up, OsCorp. Nobody will notice after the giant lizard virus your rogue scientist dumped on New York, honest. Maybe you should have a safety audit?
Joking aside, this movie looks pretty cool, and it's great that they're exploring Spidey's villains beyond just recycling the Green Goblin again. Although Norman and Harry Osborne both play a role in this movie, so we suspect the Goblins won't be in hiding for long.
Dan Seitz
Dan Seitz is an obsessive nerd living in New England. He lives in the Boston area with a fiancee, a dog, a cat, and far too many objects with processors.
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- Freeport murder suspect Damon Dixson taken into custody in Rockford
- Local gas station employee arrested for selling liquor to minor
- Renewable Fuel Standard delay 'a mixed blessing,' Bustos says
- Rockford delegation presents inaugural 'Rockford Award' to Norwegian Air
- Education in Illinois making slow progress, according to report
- Illinois GOP Congressional delegation: Obama's immigration plan undermines rule of law
- Suspect, 17, charged in Halloween hit-and-run in Roscoe
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- 'The Price is Right Live!' at Coronado March 1; tickets on sale Nov. 21
Jefferson moves bill to protect survivors of sexual crimes to house floor
Online Staff Report
March 13, state Rep. Chuck Jefferson, D-Rockford, passed his bill out of the House of Representatives with bipartisan support that extends the statute of limitations on the prosecution of criminal sexual assault of minors.
"This measure will empower survivors of sexual abuse to speak up about crimes that they were not able or comfortable enough to alert the authorities about from the past," Jefferson said. "By providing law enforcement the opportunity to go after the criminals no matter how many years ago the incident occurred, we are possibly preventing future crimes and empowering survivors."
House Bill 1063 removes the statute of limitations for major sex crimes when the victim was younger than 18 at the time of the offense. The Illinois Coalition Against Sexual Assault joined Jefferson March 13 during the vote to show support for his initiative.
"We are committed to ending the suffering of sexual assault victims and holding sex offenders accountable for their crimes," Lyn Schollett, of the Illinois Coalition Against Sexual Assault, said. "Children who have been victimized by sexual violence experience unimaginable trauma. Sex offenders often prevent child victims from reporting the crime by blaming or threatening the child. This bill will ensure that when a survivor of childhood sexual abuse is safe enough to report the crime, prosecutors can stand ready to charge the offender."
For more details, contact Jefferson's full-time constituent service office at (815) 987-7433.
Posted March 15, 2013


text:
The invention is a method for application of a special low viscosity cyanoacrylate adhesive which is used for the manufacture and repair of wooden furniture. The cyanoacrylate adhesive quickly penetrates and bonds wood to wood. The wooden furniture that results from the process of this invention are cohesive in structure and are ready for immediate use. This special wood grade cyanoacrylate adhesive provided by this invention permits those in the furniture repair or furniture manufacture industries with a method of repairing or assembling wooden furniture in an easy and quick manner.
1. A method for applying an adhesive for connecting a first article of wooden furniture to a second article of wooden furniture comprising the steps of:
providing an ethyl cyanoacrylate adhesive with a low viscosity;
providing an applicator tip;
discharging said ethyl cyanoacrylate adhesive from said applicator tip while tracing said applicator tip along said first article of wooden furniture;
securing said first article of wooden furniture to said second article of wooden furniture with said ethyl cyanoacrylate adhesive.
2. The method of
3. The method of
4. The method of
providing a closure member having a top internal portion, a side internal portion and a lower portion;
removing said closure member from said tiered discharge member;
placing said applicator tip on said tiered discharge member.
5. The method of
connecting a pin member to said top internal portion of said closure member;
extending said pin member toward said lower portion;
attaching a side projection to said side internal portion;
connecting a first tab member to said lower portion of said closure member on a first side and coupling said first tab to said first peripheral annular protruding rib of said discharged member;
connecting a second tab member to said lower portion of said closure member on a second side and coupling said second tab to said second peripheral annular protruding rib of said discharged member, wherein said second side is opposing said first side.
6. The method of
[0001] The present invention relates to application of adhesives, and, more particularly, to a low viscosity cyanoacrylate adhesive used for wooden furniture repair or manufacture.
[0002] In the past, wooden furniture was made by mechanical fastening systems or the use of epoxy/water based adhesives. These adhesives needed to be pre-applied to the joint and then assembled, thus, not allowing for easy repair of loosened joints. Up to 24 hours was needed for clean up of excessive adhesive and fixturing was required while the adhesive hardened. These adhesives would normally comprise of two or more components which required the measuring of each of the components and the mixing of these components together. Furthermore, the pot life of these mixtures needed to be taken into consideration, making it necessary to take and keep copious notes on the mixtures and each component. Water based adhesives would shrink, thus allowing for gaps in joints which make them susceptible to loosening and squeaking.
[0003] The shape and form of any fluid dispenser is primarily due to the type of liquid or flowable material being dispensed therefrom and the use thereof. Adhesive dispensers are frequently styled to direct the material to a desired location which may be of a small area or otherwise in a location difficult to reach, such as the area between the joints of furniture. These dispensers have long applicators or various tubing to achieve the desired result. Some examples of such known dispensers are illustrated in the following patents:
[0004] U.S. Pat. No. 4,217,994 to Koenig et al. illustrates a glue dispenser with a self-closing valve. The upper end of the glue dispenser is cone shaped which is provided with an axial round bore in which a cylindrical rod is located. The glue flows through the space between the round bore and the cylindrical rod by pressure on the bottle.
[0005] U.S. Pat. No. 4,760,937 to Evezich discloses a dispenser with a deformable inner container and resilient outer container. A curved nozzle and various cylindrical nozzle extenders attach to the resilient outer container.
[0006] U.S. Pat. No. 4,917,267 to Laverdure shows an dispenser attachment with a squeezable self-closing valve. The neck is shaped in an untapered cylindrical shape including a neck outlet through which material is discharged. A collar is used to secure a discharge nozzle to the neck which extends to a curved quadrant shaped valve.
[0007] U.S. Pat. No. 3,030,952 to Elder discusses a flexible plastic container for sterile injectable fluids. A tube, connected to a connector, protrudes from the container. The components of the connector, namely a drip tube, needle adapter and needle, dispense of the contents in the container.
[0008] U.S. Pat. No. 3,105,618 to Whitley discloses a squeeze bottle and fluid distributor. A measuring tube expels liquid from the squeeze bottle.
[0009] U.S. Pat. No. 3,134,515 to Callahan shows a leak detector apparatus. A test liquid bottle provided with a suitable stopper includes a relatively thin pliable tube slidably fitted therein. The tube permits a considerable degree of control to be exercised by the operator over the zones to which the test fluid is applied. Couplings located in relatively inaccessible places may be tested with greatly increased facility.
[0010] U.S. Pat. No. 5,261,572 to Strater shows a dropper bottle employing a conventional flexible bottle and cover with a conical tip having a hole in the end thereof. An adapter sits between the mouth of the bottle and a ferrule of a needle and includes a passage for fluid between the bottle and the needle.
[0011] U.S. Pat. No. 3,572,558 to Hooker illustrates a dropper dispenser with a squeeze bottle and tube. The tube extends through the bottle cap with its discharge end fitted to hold a tip. The tip includes a capillary tube member and elongated drop conveying stem. The tube is deformed to hold the stem in place while allowing a passage for the liquid from the bottle.
[0012] U.S. Pat. No. 4,526,490 to Welsh discloses a dispenser formed with filling and discharge openings at opposite ends with a flexible discharge spout. The discharge spout is elongated and flexible and of uniform very small diameter to control discharge of precise amounts of material directed to desired locations of use.
[0013] The above prior art summaries are merely representative of portions of the inventions disclosed in each reference. In no instance should these summaries substitute for a thorough reading of each individual reference. All the above references are hereby incorporated by reference.
[0014] In the repair and manufacture of wooden furniture, of primary concern is the securing of the joints in a manner where there is no indication of a bonding agent, and where the joints are tight and stay tight. Accordingly, the dispenser and applicator used in wooden furniture need to not only direct the flow to any relatively inaccessible space, but need to prevent leakage of adhesive on other sections of the furniture which is detrimental to the finish.
[0015] Many of the applicator tips aforementioned do not tightly encase the dispenser and thus, may easily allow for leaks. Examples of snap-acting securements provide a relatively tight connection, but are only appropriate for a specialized dispenser with snap-engaging members. Other applicator tips described are rigid, not allowing for great flexibility in applying the fluid to relatively inaccessible areas. The previous tips generally end in a rigid, cylindrical opening, which make it more difficult to sparingly apply adhesive between joints of a piece of furniture.
[0016] Adhesive discharged from an adhesive dispenser tends to harden inside the closure member, causing a layer of glue which may seal the discharge opening shut, or even seal the closure member to the dispenser. The accumulation of dried adhesive may be difficult if not impossible to remove. Thus, auxiliary tools, such as pliers, etc., are needed in separating the closure member from the adhesive dispenser once the adhesive has been discharged.
[0017] In order to avoid the disadvantages of the prior art, the present invention provides a low viscosity cyanoacrylate adhesive and an adhesive bottle with a unique applicator tip and closure member.
[0018] A special low viscosity cyanoacrylate adhesive is used for the manufacture and repair of wooden furniture, since it quickly penetrates and bonds wood to wood. This special wood grade cyanoacrylate adhesive provided by this invention permits those in the furniture repair or furniture manufacture industries with a method of repairing or assembling wooden furniture in an easy and quick manner. The wooden furniture that results from the process of this invention are cohesive in structure and are ready for immediate use.
[0019] An applicator tip is disclosed which not only provides a flexible, manipulator for dispensing glue to the joints of wooden furniture, but it also provides a narrow diameter for application in relatively inaccessible areas. The tip is formed from a piece of tubing, one end being frustro-prolated to receive the discharge end of a dispenser and the other end tapering into a capillary tube member with a cylindrical opening, capable of being flattened into a elliptical shape. The frustro-prolated end, when applied to the discharge end of the dispenser, which is a conical port member, forms a snapless suction which prevents undesirable leaks therefrom.
[0020] The tip is preferably flexible so that it may be bent into a desired configuration to facilitate the discharge of material to a desired location with accuracy. A wire, or similar elongate member, may be placed within the capillary tube member, allowing for even more precise application of the adhesive.
[0021] The dispenser is provided with a closure member having a metallic pin which penetrates into the discharge opening while the closure member is being secured thereon. Additionally, as the closure member tightens onto the dispenser, side protrusions along the inner portion of the closure member scrape the excess adhesive from the discharge end thereof. Opposing side tabs, complimentary to annular protruding ribs on the periphery of the discharge member, lock the closure member thereon, preventing discharge when the same is being stored.
[0022] The discharge end of the dispenser is provided with a tiered port member having an axial opening therethrough and to which the applicator tip and closure member therefore interchangeably and selectably may be attached.
[0023] In a second embodiment, the dispenser is provided with a closure member which during storage, is inverted, being used as a seal for the conical port member of the dispenser. The inverted closure member is then detached from the conical port member, transposed, and subsequently used so that the material within the dispenser may be secured against discharge as when the same is being stored.
[0024] The discharge end of the dispenser is provided with conical shaped port member having an axial opening therethrough and to which the applicator tip and closure member therefore interchangeably and selectably may be attached.
[0025] These and other features of the present invention will become readily apparent upon reading the following detailed description and upon reference to the drawings in which:
[0026]FIG. 1 is an elevational view of the adhesive dispenser and applicator tip as set forth in the present invention;
[0027]FIGS. 2A and 2B are enlarged sectional view showing the details of the closure member of FIG. 1, whereas FIG. 2A is separated along lines 2-2;
[0028]FIG. 2B is an enlarged sectional view of FIG. 1;
[0029]FIG. 3 is several alternative curved positions of the capillary tube member in FIG. 1 shown in phantom;
[0030]FIG. 4 is an axial cross-sectional view of FIG. 3 taken along lines 4-4;
[0031]FIG. 5 is an elevational view of a second embodiment of the adhesive dispenser as set forth in the present invention;
[0032]FIG. 6 is an elevational view illustrating the various elements which are connected together in the dispenser shown in FIG. 5;
[0033]FIG. 7 is the preferred use of FIG. 1; and
[0034]FIGS. 8, 9, 10, 11, and 12 all illustrate the process by which the capillary applicator tip of FIG. 1 is made.
[0035] Referring now specifically to the drawings, there is illustrated an adhesive dispenser and applicator tip, generally designated as 10, in accordance with a preferred embodiment of the present invention, wherein like reference numerals refer to like components throughout the drawings.
[0036] An adhesive dispenser 10 is made up of a body 12 and tiered discharge member 18 with an axial opening therethrough. The discharge member comprises peripheral annular protruding ribs 14 and screw abutments 16, shown in FIG. 1. A closure member 20 is provided for the tiered discharge member 18 which locks into place thereon when opposing tabs 24 on the lower portion of the closure member couple with the peripheral annular protruding ribs 14, preventing discharge when the same is being stored. An applicator tip 26, extending from the discharge member a limited distance, is also provided for dispensing the adhesive located in the body 12 of the dispenser 10. The applicator tip and closure member may be interchangeably and selectably attached to the discharge member. The dispenser 10 contains a special low viscosity ethyl cyanoacrylate adhesive 30, which quickly penetrates and bonds woods, ceramics, metals, plastic and rubber, fabric, etc. The adhesive gives faster cure rate on porous acidic materials than the standard grades and is particularly suitable for bonding wood. Furthermore, it cures very rapidly at room temperature: 2-60 seconds with wood (depending on the wood); 1-5 seconds with rubbers (e.g. nitrite, N-butyl and neoprene); 5-30 seconds with metals (e.g. aluminum, mild steel, zinc plated steel); and 2-20 seconds with plastics (e.g. P.V.C., ABS, PMMA, polycarbonate, phenolformaldehyde). General characteristics of the cyanoacrylate adhesive include as follows:
[0037] thickener (0-20%), and a inorganic thickener (0-10%).
[0038] The closure member 20 houses a metallic pin member 28 on its top internal portion. The pin member 28 extends toward and penetrates into the discharge opening while the closure member is being secured thereon, shown in FIGS. 2A and 2B. Though the preferred embodiment discloses a pin made of metal, the material is not limited to such. Material such as ceramic, plastic, and other suitable material may also be used. Longitudinal side protrusions 29 housed along the inner side portion of the closure member 20 scrape the excess adhesive from the discharge end when fastening on the screw abutments 16 thereof.
[0039] The applicator tip 26 is formed from a piece of polyethylene tubing or similar material, or similar material, allowing for flexibility and ease of manipulation, shown in FIG. 3. One end 32 of the applicator tip 26 is frustro-prolated to receive the discharge end 18 of a dispenser. The other end 34 tapers into a flexible capillary tube, extending a limited distance from the frustro-prolated portion 32. The tubing terminates with a cylindrical bore of small diameter 34, capable of being flattened or manipulated into a elliptical shape (see FIG. 4). The frustro-prolated end 32, when applied to the conical port member 14, forms a slidably engaging, snapless suction which prevents undesirable leaks therefrom. The applicator tip 26 is not limited for use with the embodied dispenser, it may also be used on other dispensers with similar discharge apertures.
[0040] The capillary tube member 34 is capable of being bent into a desired configuration to facilitate the discharge of material to a desired location with accuracy. A wire (not shown), or similar elongate member, may be placed within the capillary tube member 34, allowing for even more precise application of the adhesive.
[0041] A second embodiment of the present invention is shown in FIGS. 5 and 6. Referring now to FIG. 5, there is portrayed therein a dispenser 60 which is made up of a squeezable body 62 and discharge member 64 having a conical-shaped port member and axial opening therethrough. An closure member 70 is provided for the conical port member which originates as a manufacture seal when inverted, with its bottom portion 63 sealing off the axial aperture and its side portions 65 extending away from the dispenser. The closure member is then severed along section 68 and used subsequently to secure the dispenser 60 against discharge. The conical port member, closure member and applicator tip are all housed within a removable rectangular member 66.
[0042] The applicator tip 26 and closure member 70 may be interchangeably and selectably attached to the conical port member 64, shown in FIG. 6. Once the closure member 70 is originally detached from the conical port member, it is inverted to secure the dispenser 60 against discharge when the material is to be stored.
[0043] A desired amount of the contents in the dispenser may be discharged from the applicator tip 26 accurately to a desired location by squeezing the sides of the dispenser body 62. Upon releasing the sides thereof, flow is instantly stopped and may even be retracted into the conical port member 64 from the applicator tip 26.
[0044] After use, the applicator tip 26 is cleared by holding the bottle upright and squeezing the dispenser body 62. The dispenser body 62 is released and air returning through the capillary tip 26 clears the tip by velocity of the returning air which is enhanced by gravity from the bottle being in the upright position.
[0045] Once the applicator tip is firmly attached to the tiered port member 18 (FIG. 1) or the conical port member 64 (FIG. 5), the cyanoacrylate based adhesive contained within the dispenser 10 is then used to bond or assemble such things as wooden joints 42 of a chair 40, shown in FIG. 7, or other such articles made of wood, ceramic, metal, plastic and rubber, fabric, etc. The applicator tip aids in the proper application of the cyanoacrylate adhesive into the joint 42, leaving no indication of adhesive application. The adhesive is expelled from the dispenser 10 and applied to joints by tracing the joint lines thereof. The wooden furniture that results from this process are cohesive in structure and are ready for immediate use.
[0046] The applicator tip is made from a long flexible elongate tube 50, shown in FIG. 8. The tube preferable is fabricated from materials that are tractable, flexible and manipulative, such as polyethylene or similar material, etc., and is uniform in shape and diameter. Heat 55 is applied to the midsection of the elongate tube 50, shown in FIG. 9. The forming of the tube may be accomplished with conventional heat forming tools, electric or cored hot water units. Ultrasonic forming and welding may also be used depending on the type and thickness of the plastic. Opposing longitudinal pressure A and B is then applied to either end of the tube as shown in FIG. 10, causing the heated midsection of the tube to stretch, forming a thin cylindrical tube such as a capillary tube. While this pressure is maintained, cutting means 58, shown in FIG. 11, bisect the tube resulting in identical tubing halves 50 a and 50 b, shown in FIG. 12. A tubing half 50 a is then used in the present embodiment as the aforementioned applicator tip, consisting of a frustro-prolated portion 72 and a capillary tube member 74.
[0047] The foregoing description of the preferred embodiments of the invention has been presented for purposes of illustration and description. It is not intended to be exhaustive or to limit the invention to the precise form disclosed, and obviously many modifications and variations are possible in light of the above teaching. Such modifications and variations that may be apparent to a person skilled in the art are intended to be included within the scope of this invention as defined by the accompanying claims.
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Jonathan Morris is on a mission to create a better grooming experience for men.
With its economic development engine revving at full throttle, Southlake is about to welcome several major retail and commercial projects that underscore its image
"I've always been a maverick in a number of ways," says businesswoman and philanthropist Stacie McDavid.
Thousands of people rallied late Monday in U.S. cities including Los Angeles and New York to passionately but peacefully protest a grand jury's decision not to indict a white police officer who killed a black 18-year-old in Ferguson, Mo.
WASHINGTON — It may house some of the most esteemed colleges in the country, but if you want to graduate without backbreaking debt, steer clear of schools along
More than 2,500 Oncor employees, contractors and employees from other utilities — some from as far away as Florida — have arrived in North Texas to tackle power outages triggered by the same weather system that's gripped much of the nation.
"We have our employees and outside utilities and contractors positioned across our service territory, prepared to respond as soon as possible," said Jim Greer, chief operating officer for Oncor Electric Delivery Co. LLC in a news release.
"With winter storms like this one, we see ice accumulate on tree limbs over time and new outages can continue for several hours, or even days, after the storm blows through as trees finally give way to the weight of the ice. That's what we are preparing for here," Greer said.
Greer asks customers to avoid fallen power lines and tree limbs that might be touching them.
"Safety of our employees and the public is our number one priority so it's important that people always assume that any downed power line is energized and dangerous," Greer said.
Oncor asks customers to use the company's mobile and online resources to report outages. Customers without phone service may report power outages via text by texting OUT to 66267. An online outage map — with expected power restoration times — is available at www.stormcenter.oncor.com. Customers also may follow Oncor on Twitter or Facebook for regular updates. More information is available at www.oncor.com.
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Ole Miss pounded out 20 hits on the afternoon as the 13th-ranked Rebels defeated Mississippi State 12-2 to claim the weekend series.
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Researchers at the University of Leicester believe that curcumin, one of the components of the popular curry spice turmeric, may significantly reduce the side effects of chemotherapyThe use of chemical substances to treat disease, particularly cancer. in bowelA common name for the large and/or small intestines. cancerAbnormal, uncontrolled cell division resulting in a malignant tumour that may invade surrounding tissues or spread to distant parts of the body. patients. This would have positive consequences for people receiving chemotherapy for bowel cancer as the treatment could be tolerated for longer resulting in more successful treatments.
Approximately half of bowel cancer patients do not benefit from the chemotherapy medications. The typical course of chemotherapy includes a combination of three medications: FOLinic acid, Fluourouracil, OXaliplatin, known as FOLFOX. The side effects of this treatment include nerveBundle of fibres that carries information in the form of electrical impulses. pain, tingling, tiredness and fatigue, increased risk of infectionInvasion by organisms that may be harmful, for example bacteria or parasites. and nausea or sickness.
Previous laboratory studies have found a link between the efficiency of chemotherapy in bowel cancer and curcumin. The University of Leicester are beginning a trial with forty patients who have metastasised bowel cancer , 75% of whom will take curcumin supplements prior to the FOLFOX chemotherapy. It is hoped to discover whether curcumin could be an additional treatment for patients with bowel cancer which has spread to other parts of the body.


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did anybody see a post ref. virapress . i know i saw it , i just can't remember where .
did anybody see a post ref. virapress . i know i saw it , i just can't remember where .
Posted in 1 group:
There were two. I reported them to Inspire. When Courtney tried to find them to check them out, they had vanished. My opinion is that this was an attempt by someone to sell "snake oil" to our most vulnerable - the newly diagnosed, and terrified. Obviously, that person knew that and chose to "get out of Dodge" before anything negative could go their way - and they deleted their own posts and split. Sorry. But there just is NO cure for IPF or PF at this point in time. PERIOD.
when i found the post i began researching . found a lot of 'sketchy info .' no matter how much you want to believe , i urge everyone ,please do your home work. when you think you know it all , keep digging . don't fall into a money pit you can't climb out of . easy breathing everyone .
i seemed to have poked a hornets nest. are there patient records from the folks who have benefited from your product ? i'm just sayin' ......... you are not the first to put forth bovine extract as a healing /restorative product . thanks for your response .
sharon martin
Gee. wow. Big surprise. I reported another post, and less than an hour later, it too has vanished!!
Folks, PLEASE be wary of these snake oil salesmen. Whatever you do, keep your wallet tightly closed. Like raish has said, do some homework.
Healthy larry & Healthy Cindy sem to be sheisters. Why else would a post be deleted so quickly?
I am bothered that our tight little group has been invaded. Again, I believe that they are aiming their posts to our most newly diagnosed - those who are terrified and likely uneducated about PF.
Please be very cautious of anyone who claims to have found the magical cure for our disease, there isnt one, Closest thing so far is transplant. Period. And that doesnt always work either, although the odds are improving.
:-) Katrina
katrina , robert left message . i did not realize the difference in a post to the public and one to the group . will be more careful , knowing with some of questions , i may have issued the invite . i.e. - enzymes , clayitagain post . easy breathing .
My posts are shared with the public too. I think it is sad that we have to censor ourselves due to rotten people with bad intentions. I wouldnt lump too much guilt on yourself. I just try to lookout for the others, especially the most newly diagnosed. Many of those folks havent learned much about PF yet, and their heads are still spinning from the shock of diagnosis. That is the perfect time for these crooks to strike - when the new patients still think that if they search hard enough or long enough, or throw enough money away, that somehow, someway, they will find a magical cure. A cure that sadly does NOT exist!
What we can do is report these questionable posts to inspire, and hope they will eventually give up and go away. I wont even reply to their posts - I dont want to encourage them. Trust me, they will have an answer for every question you pose to them. lies upon more lies. They just want your money. Money from a sick person is just as green, and usually easier to get, than money from a healthy person.
There are some treatments that can give slight improvement, for a little while. Prednisone for example, reduces inflammation. Some of the asthma meds can open airways a little and allow slightly freer breathing. But none of these are a cure. Lets not forget about the placebo effect either. Many of us weill improve on a sugar pill if we believe strongly enough that we will. Helps for a little while, but eventually the PF is going to win. Period.
Sorry to be the bearer of bad news. And allow me to express my gratitude for every single one of the patients willing and able to participate in studies so that maybe, sooner rather than later, we will indeed have a drug that will cure PF!
:-) Katrina
may good days and may we all be here for the cure. thanks, katrina , i was feelin' kinda dumb .
No dont feel that way, we are here to support you and each other. I will tell you this group is really helping me cope with my very difficult set of circumstances. Posting to members only is a more effective way to communicate and you will get higher participation from all.
Huh...I wondered what happened to the Clayitagain post. I'm not aware of the difference of posting to the group...my replies have always just been locked on share with public. ~Deb
If your the originator of a discussion you control the post, if not then you post to what the originator set up.
Raish ? Did I miss something? I saw you mention bovine extract. I am taking it as part of my daily meds. What happened?
the maker of virapress . president and ceo no less responed to comments, i believe by katrina and me . he sounded really po'd . the post ' i seem to have poked a hornets ' was a reply to 'healthylarry 's response. you say bovine extract is part of you daily maintenance ? please share what , why , who said etc . i no that bovine extract has been used for years for everything from body building to 'hardy - har ' antiaging . do you feel this product has helped ? how? easy breathing .
both katrina and i reported the post "clayitagain " to pff for investigation . i felt that the post was there as a sales tool . i don't believe inspire is the place for marketing . i believe the treasure exists , but i am always mindful of the 'fake ' treasure maps sold at the gift shop .
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An 18-year-old Rothschild man will spend two years on probation for fleeing officers after an attempted break at Kohlman's IGA in Wausau during the early morning hours of May 16.
Kirklan Goodwin plead guilty to fleeing an officer Friday in Marathon County Circuit Court. As result, a charge of attempted burglary was dismissed, but considered as part of his sentencing.
Police say as they arrived on scene, Goodwin and a 16-year-old accomplice took off in a vehicle. Police say the driver, Goodwin, went the wrong way down a one-way street and ran through a stop sign before crashing near the Great Dane.
In additional to criminal charges, Goodwin was issued traffic citations for operating without a valid license, reckless driving, and failing to stop at a stop sign.
Police say inside the vehicle they found a hammer, prying tool, and an airsoft gun.
According to the criminal complaint, one of teens conspired to commit the burglary as family member needed rent money.
Goodwin was also sentenced to 60 days in jail, but received credit for the 63 days he's already been in custody.
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The 3-Hour Diet (Tm) CookbookMar 22 2007by Jorge Cruise
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Originally written on Beyond The Buzzer | Last updated 11/17/14
But the Celtics are one of the Eastern Conference teams most predicted would finish ahead of the Bulls this season. And they won the first game between the teams last month. But the Bulls went to 14-10 with the victory and the sagging Celtics back to .500. "I think we have the right group," said Rivers. "We're going to keep searching. But this (Celtics) team is not a good team right now. This is who we are, a .500 team. They played hard, moved the ball, took us out of everything with their effort. They cut harder. They were clearly the tougher team, more physical team. It wasn't even close." via Bulls.com
Original Story: http://feedproxy.google.com/~r/Beyond...
PLAYERS: Doc Rivers
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Pilar Marrero: Moral issues rank very low in Latino Voter's minds when making a voting decision while issues like the economy, jobs, taxes and minimum wage are far more important, a new poll released today shows. That finding totally contradicts the famous Ronald Reagan belief, said in the eighties, that "Hispanics are Republicans. They just don't know it yet."
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Dick Price: If a meeting this past weekend between representatives from a half dozen Occupy encampments in California and perhaps 200 members of the California Progressive Caucus is any guide, the Occupy Movement has already tapped into older generations of progressive activists who are eager to support, leverage, and amplify the Occupyers' ground-breaking work.
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Survey Saturday: With upwards of ten thousand Occupy protesters flooding through downtown Oakland yesterday to close shipping facilities there and organizers here in Los Angeles planning a full teach-in weekend with the likes of Robert Reich and Robert Scheer, the Occupy Movement has the world's attention.
Occupy Movement, Labor on Collision Course with Obama
Let Us Now Occupy Reality
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