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CROWLEY v. SMITHSONIAN INSTITUTION

No. 79-1193.

636 F.2d 738 (1980)

Dale CROWLEY, Jr., Individually & in his capacity as Executive Director of the National Foundation for Fairness in Education, et al., Appellants, v. SMITHSONIAN INSTITUTION et al.

United States Court of Appeals, District of Columbia Circuit.

Decided October 30, 1980.

Attorney(s) appearing for the Case

David C. Gibbs, Jr., Cleveland, Ohio, a member of the bar of the Supreme Court of Ohio, pro hac vice, by special leave of court, with whom George R. Douglas, Jr., Washington, D. C., was on brief, for appellants.

Mark J. Biros, Asst. U. S. Atty., Washington, D. C., with whom Carl S. Rauh, U. S. Atty., at the time the brief was filed, John A. Terry and William H. Briggs, Jr., Asst. U. S. Attys., Washington, D. C., were on the brief, for appellees. Regina C. McGranery, Asst. U. S. Atty., Washington, D. C., also entered an appearance for appellees.

Before TAMM and MacKINNON, Circuit Judges, and LOUIS F. OBERDORFER, U. S. District Judge for the District of Columbia.

Opinion for the court filed by District Judge OBERDORFER.

OBERDORFER, District Judge:

Appellants are an individual and two organizations, the National Foundation for Fairness in Education and National Bible Knowledge, Inc. They refer to their conception of the origin of life as "scientific creationism." They assert that by marshalling and interpreting data in a scientific way, they can support the proposition that human and other forms of life were brought...

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