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'''Tammy Kitzmiller, et al. v. Dover Area School District, et al'''., Case No. 04cv2688, was a lawsuit filed by the [[ACLU]] and the [[Americans United for Separation of Church and State]] against the Dover ([[Pennsylvania]]) Area School District to censor any mention of [[intelligent design]] (ID) in [[public school]].  The defendants were the Dover Area School Board who presided over schools in the Dover area that taught approximately 3700 students.

'''Tammy Kitzmiller, et al. v. Dover Area School District, et al'''., Case No. 04cv2688, was a lawsuit filed by the [[ACLU]] and the [[Americans United for Separation of Church and State]] against the Dover ([[Pennsylvania]]) Area School District to censor any mention of [[intelligent design]] (ID) in [[public school]].  The defendants were the Dover Area School Board who presided over schools in the Dover area that taught approximately 3700 students.

The court completely and permanently censored the reading of the proposed statement on [[Intelligent Design]],<ref name="Memo" /> and approved an award of over $2 million in legal fees to the [[ACLU]] and other plaintiffs' attorneys.<ref>http://www2.ncseweb.org/kvd/all_legal/2006-02-22_stipulation.pdf</ref>  The court also denied an attempt to intervene in the case by parents who wanted the ID statement,<ref>http://www2.ncseweb.org/kvd/all_legal/2005-03-10_order_denying_Rutherford_intervention.pdf</ref> and its final order was based on a stipulation about attorney's fees which also foreclosed any appeal of the ruling.<ref>http://www2.ncseweb.org/kvd/all_legal/2006-02-24_Judgment.pdf</ref>  Taxpayers in the district paid $1,000,011 of the massive legal fee award to the [[ACLU]] and other plaintiffs' attorneys.<ref> http://www.umt.edu/mlr/editors'%20note.pdf </ref>

The court completely and permanently censored the reading of the proposed statement on [[Intelligent Design]],<ref name="Memo" /> and approved an award of over $2 million in legal fees to the [[ACLU]] and other plaintiffs' attorneys.<ref>http://www2.ncseweb.org/kvd/all_legal/2006-02-22_stipulation.pdf</ref>  The court also denied an attempt to intervene in the case by parents who wanted the ID statement,<ref>http://www2.ncseweb.org/kvd/all_legal/2005-03-10_order_denying_Rutherford_intervention.pdf</ref> and its final order was based on a stipulation about attorney's fees which also foreclosed any appeal of the ruling.<ref>http://www2.ncseweb.org/kvd/all_legal/2006-02-24_Judgment.pdf</ref>  Taxpayers in the district paid $1,000,011 of the massive legal fee award to the [[ACLU]] and other plaintiffs' attorneys.<ref name="Note">[http://www.umt.edu/mlr/editors'%20note.pdf ''Montana Law Review'' Editor's Notes]</ref>

== Criticism==

== Criticism==

=== Defendents ===

=== Defendents ===

The defendants were the Dover Area School District and the Dover Area School District Board of Directors.  The Board presided over schools in the Dover area that taught approximately 3700 students. About 1000 students attended Dover High School, the school where the ID policy was to be implemented (in fact, the statement never was read to students). The Defendants retained the services of the Thomas Moore Law Center on a pro bono basis.<ref name="Memo" /><ref>http://yorkdispatch.inyork.com/searchresults/ci_3535139</ref>

The defendants were the Dover Area School District and the Dover Area School District Board of Directors.  The Board presided over schools in the Dover area that taught approximately 3700 students. About 1000 students attended Dover High School, the school where the ID policy was to be implemented (in fact, the statement never was read to students). The Defendants retained the services of the Thomas Moore Law Center on a pro bono basis.<ref name="Memo" /><ref name="NYD">http://yorkdispatch.inyork.com/searchresults/ci_3535139</ref>

=== Endorsement and Lemon Tests ===

=== Endorsement and Lemon Tests ===

=== Award ===

=== Award ===

Although the court awarded costs to the defendants of $2,067,226, the school board voted to pay a reduced award of $1,000,011 ($1,000,000 in legal fees and $1 to each defendant in damages), and the legal firm accepted this lower amount.<ref>http://www.umt.edu/mlr/editors'%20note.pdf</ref><ref name="NYD" />

Although the court awarded costs to the defendants of $2,067,226, the school board voted to pay a reduced award of $1,000,011 ($1,000,000 in legal fees and $1 to each defendant in damages), and the legal firm accepted this lower amount.<ref name="Note" />

==References==

==References==