To be as clear as I can be , at issue in this case - - and I ca n't particularly be concerned about precedential value .	dy
To be as clear as I can be , at issue in this case - - and I ca n't particularly be concerned about precedential value .	dy
The simple issue here , because it is the Court 's understanding that these individuals have denied that they made these remarks , is from the plaintiffs ' standpoint how can they get something that is , in my view , on the purpose test , which clearly goes to the truth of the matter asserted , how do they get these newspaper articles into evidence ?	dy
Well , they ca n't , in my view , without the reporters testifying .	de
The defendants might say that even with the reporters testifying , they ca n't get them in .	de
I ca n't say that to the word , and that 's why the opinions were crafted the way that they were .	dy
In this particular fact situation - - and I do think , I will say , on the issue of precedent , you can distinguish cases of - - and I 'm not so sure I would be as fearful as some might be as to precedential value .	dy
I do n't know what else to do , but I 'm not going to go through the charade of having them take the stand and assert , you know , as articulately as they can the privilege that they believe that they can avail themselves of .	dy
I do n't know what else to do , but I 'm not going to go through the charade of having them take the stand and assert , you know , as articulately as they can the privilege that they believe that they can avail themselves of .	dy
Now , I understand what your reasons are for not doing that , and I think you can do that .	de
Well , if I can interject -- I mean , this is kind of like my last hurrah .	de
Well , let me share with you where I 'm coming from , because I think what I 've done here -- and obviously I ca n't do your job .	dy
But my concern is that I have to have some degree of certainty by your order that they ca n't ask any questions as to unpublished materials .	de
Scheduling usually is n't my pay grade , but , you know , you can figure that out .	dy
Judge , if I may , there are some things here that we can agree with , but there are others that we ca n't .	dy
Judge , if I may , there are some things here that we can agree with , but there are others that we ca n't .	dy
We can live with this , and they would testify if we had language similar to this .	dy
No , we would n't publish it , but there are reporters who can access the CM / ECF system .	dy
And this is the best I can put it , other than what I tried to do in my opinion .	dy
And they can speak for themselves .	dy
They can say that , and I 'll take that under consideration .	de
I think you can assume , unless you doubt my word , I 'm going to issue an order -- and I 'm very serious -- I 'm going to issue an order and that order will be forthwith .	dy
We can say that we 've restricted the order in such a fashion that we believe the reporters will testify .	ep
You have other witnesses , I assume , to present , and we can move through this .	dy
But can questions be asked as far as the context of those statements ?	de
Now , I ca n't be any clearer than that .	dy
I can not do it Monday because I could n't get here on Sunday .	dy
I ca n't do it .	dy
And if you 're otherwise taking the deposition and we 're at trial , I 'll tell you that we 'll construct some mechanism -- and we kind of talked about this a little bit yesterday -- where you hold the thought if counsel instructs the reporters not to answer because it 's a problematic question , and we can circle back and we 'll deal with that later .	dy
I understand those things could come up in the course of the deposition , and I 'll rule on those as I can if I 'm not instantly available .	dy
But I will tell you in concluding that if it is at night , if you do it at night , I will give you my home number , and you can contact me so we get this finished .	de
And can you tell us what harm you believe that it has caused you ?	dy
Just please answer my question and then your attorney can ask you to explain if he wants to .	dy
You can answer the question .	de
As far as I can tell .	dy
I ca n't tell you exactly when .	dy
And can you recall anything that happened at that meeting on June the 7th ?	dy
Please tell us what you can remember about that meeting .	dy
And can you tell us what publication its from ?	dy
Let me explain how we can do this , how we must do this .	dy
Now , tell us what you can recall of the June 14th , board meeting .	dy
Again , there were many , many things that happened at that school board meeting , and I can tell you that I was very much interested in what was being said .	dy
You can finish your answer .	de
My next question was going to be simply if you could tell us what -- but I think she 's already told us what she can recall her husband said .	dy
That moots the objection , and you can move to the next question .	de
He made comments like , years ago someone died on the Cross , ca n't we take a stand for Him .	dy
And can you just tell us briefly what you can recall about that meeting ?	dy
And can you just tell us briefly what you can recall about that meeting ?	dy
And can you remember anything from that meeting ?	dy
And can you please tell us how you have been harmed ?	dy
But you ca n't say when you walk into a classroom , you 're not teaching .	dy
My child has heard comments from other students , school board member students in her classroom about evolution being against their religion , and do you think we came from monkeys , how can you think we came from monkeys .	dy
And as far as I know , that is the case , because Dover says that it is a standards - based school , and so I assume that when they say that and they say that students have to pass certain material before they can be advanced into new material , that they would have to be abiding by the state standards .	de
I 'm sorry , can you repeat that ?	dy
As far as the scientific community , I really ca n't go there , because I know that there is a lot more about Darwin than is in that textbook .	dy
I mean , I can absolutely say that without knowing everything about Darwin or knowing everything about science .	dy
We 'll hold that thought , and you can proceed with the question , because all we have is the exhibit that is a newspaper article .	de
And can you tell us whether -- when you remember that you attended this board meeting ?	dy
I remember Bill Buckingham making the statement , years ago somebody died on the Cross , ca n't someone take a stand for Him .	dy
And can you tell us what it is ?	dy
And can you tell us who submitted -- whose response did you read in the paper ?	dy
In fact , if you read the statement , it says to educate our students so that they can be contributing members of society .	dy
You can teach creationism without it being Christianity .	dy
It can be presented as a higher power .	dy
You as a parent can teach your child your family 's ideology .	dy
I can not give you a specific date .	dy
" Answer : From what I can see from attending the board meetings , I do n't know , because so much of the curriculum debate takes place at non-public meetings that I am not aware of .	dy
Over the objection already of the defendants , we 'll reaffirm that , but you can make any other objections you want to on the record , but I think that was thoroughly argued at that time .	de
