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Lawsuit to shut down OA science site
Two Christian fundamentalists are upset about a scientific web site, Understanding Evolution, and are suing two Berkeley professors for writing it and the National Science Foundation for funding it.
Comment. The plaintiffs complain the site might "modify the beliefs of public school science students so they will be more willing to accept evolutionary theory as true." I can't tell whether they object that the site is persuasive (and might influence those who read it) or that it is open access (and might be read by students and teachers). OA seems to be at least part of the problem, since they are not (yet) suing the authors of priced journal articles, monographs, and textbooks on evolution. The plaintiffs clearly object that the web site is federally-funded, as if they believed in the separation of church and state. But this is profoundly confused and for at least three reasons: (1) the web site is not religious and does not violate the separation of church and state; (2) the plaintiffs are the ones who would like to breach the wall of separation between church and state, in public schools, and (3) the plaintiffs would like to erect a new wall of separation between science and state. This lawsuit is a threat to science of any kind, OA and non-OA. While I believe the court will throw it out, throwing it out is not enough. If the Berkeley scientists and NSF don't counter-sue for frivolous litigation and collect damages, then other fundamentalists will be inclined to sue other scientists, if only to chill scientific publication by putting its authors and publishers to the trouble, time, expense, and risk of defending themselves in court. Update (3/22/06). A federal judge has thrown the case out of court. |
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