This has been a hot topic in Orange County lately: The in-class anti-Creationism remarks of Capistrano Valley High School history teacher James Corbett in Mission Viejo, seen as hostile disparagement of Christians, have been found by a court of law to be illegal.
The above Orange County Register link has a fairly good rundown of the various issues involved, including the constitutional question and who was behind the fight against the teacher (more analysis here). Mr Corbett's remarks, such as references to fundamentalist Christian views as "superstitious nonsense," were deemed to have no "legitimate secular purpose" that they would need in order to not constitute a violation of the First Amendment's Establishment Clause regarding religion.
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