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But Kelly scored his second session on the docket today the grinch who stole Christmas and Easter.
A teacher out Berkeley California ball places accused of combining Church and state in the classroom at a very strange way.
Parents say that she was explaining the difference between fact.
And fiction to the little third graders.
Putting Santa Claus and the Easter bunny.
Under the fiction column.
Whereupon -- year old student probably burst out the tears.
Reports say the teacher told the children the only thing that they should believe then.
Is god now she suddenly on personal leave and the question is should this woman be suspended.
Buyer or otherwise discipline let's ask our panel.
Fox News legal -- least we'll.
And defense attorney John Q Kelly whose audio you're trying to get hooked up as soon as we get -- can see and you can't hear him but he's got thoughts on what -- -- -- whoever in the discussing is -- I I don't forget to do that you are good night I think I hear John do.
I'm here they don't learn that hit OK your.
So the reason that she's been put on personal leave it has nothing to do with what -- the smears she told about Santa's and Easter bunny.
But but -- the fact that she brought up got the classroom and said creationism is back least should the school -- disciplining this teacher formally.
Up to and including -- It absolutely not let me I've got -- talk about -- here for a second anything but if I -- apparent that district and Mikey came home to me and told me that this teacher -- spent those lies about that I would be -- they're stealing -- stealing the -- it's not -- it's terrible yes and that kind of -- factor she goes on and says okay you must believe in god -- you can't tell kids what not to believe in Santa Claus and the Easter bunny the -- -- and what to believe in god in this kind of religious context that's out of -- That's for the parents to do.
Never looked at teacher meg into third crazy her eight year old kid yeah.
I -- can you imagine if your little elementary school child comes home.
Literally tears this is out of parents found out saying you know teacher told it is no Santa.
Now I mean you know from a legal standpoint it's it's and indefensible under the doctrine of separation of Church and state and promote.
A practical standpoint also attends indefensible however you know.
If I was his teacher's attorney -- -- -- -- to -- I think what you have to -- -- -- -- until she has to fall on the sword admit that she was worn in the miniature at Virginia class -- thing she told these children.
Is she there indicates that she can be.
In kitchen properly you're just sit you know old doctrine only she can't do she should be teaching their children this age.
Let me let me let me take this a step further and her okay.
Is there any chance because these parents are really ten non.
Did they have any sort of across the action I mean -- -- -- -- a vehicle if you please don't make it could not only -- the teacher but against the school district the school district would have the deeper pockets obviously in the civil action because look they would say the parents would say.
This teacher in there you know she's relatively new that's true but you put this teacher -- -- housing all this stuff.
And you didn't invent her on that you didn't trainer you didn't tell her not to do you didn't give -- enough education so that she wouldn't just go out and do that you went to school district you're liable because you're negligent in -- teacher in the class and I don't we can't.
We have CN lawsuits for things like intentional infliction of emotional distress.
Base not far less than Ben Ben ruining a child's hopes injuries for a couple of years.
I mean you can always bring a lawsuit -- I don't think it be appropriate -- things get a little too litigious influences.
The school the school districts unnoticed own terms told what this teacher was saying cheesy they're not going to be allowed back in the classroom to say it again.
Or she's going to be told she can't say that you know what.
You know what about the -- who gets caught sneaking down put presents under the train got.
I don't know I'm talking about not.
You're taking it to find out.
Nothing that decided apparently that parents' job not teacher's job I at least in W thanks so much for being -- one final word for our viewers.
If -- absolutely should be disciplined determination is over the life but she has no business pronouncing.
As a proven true that evolution is a lie creationism is back and at Santa and Easter bunny -- that's.
By the way we have calls in the North Pole and we'll get you -- is reaction to this smear.
-- we have.
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