13 August 2009

Texas Education Agency and Chris Comer, Part 39

The NSCE website is reporting that Chris Comer is appealing the court decision that rejected her lawsuit against the Texas Education Agency (TEA).

I’ve followed this story closely since its beginning. Click the link if you really want the long, sad tale.

I do not claim to have any deep knowledge of the American legal system, but my impression from reading the judge’s summary is that an appeal will be hard to get.

The heart of the TEA’s argument against Comer’s lawsuit was that their policy does not allow endorsement. That being the case, I wonder if Comer’s complaint might have gotten further if it focused on whether reasonable individuals would agree that forwarding an email with “FYI” constitutes an “endorsement.”

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