Goodpasture Confidential

[JohnHarris]

One of the reports about the recent PTO meeting indicated that the school made its presentation but did not want to answer questions from the floor. That is a systemic problem at Goodpasture, no one wants to be open and honest about the issues or to publicly respond to the questions that parents, students and faculty have.

Instead, Goodpasture operates on intimidation, threats and secrets in my opinion.

In that light, it has been rumored for months that Goodpasture and its attorneys were looking into their options on how to shut up the discussion on this site. On September 26, 2007, Goodpasture once again had its attorneys (Bone McAllister law firm) send a letter.

This time the school's attorneys (how much is the board really authorizing) demanded that this web site (which some might claim is a "gripe site" but which in reality is directed more towards identifying and solving problems at the school) be taken off line by October 2, 2007.

Bone McAllister Letter of September 26, 2007

I responded also on September 26, 2007, pointing out that the statutes that were referenced in the letter pertain to commercial uses and that non-commercial uses generally constitute protected First Amendment free speech.

Harris reply dated September 26, 2007

As with many issues discussed on this site, I want to provide relevant information so that you can determine what is right and fair and what is not. Generally, the law provides that "gripe sites" such as "IHateDell" or "WalMartSucks" are consumer/employee sites that contain protected First Amendment comments about employers, businesses, and even schools. As a general rule, these types of sites are not illegal.

Here are several links of interest on this topic:

Public Citizen, a watchdog group that protects the rights of citizens and consumers, has handled extensive litigation in this area. See Public Citizen on Gripe Sites

Likewise, these Internet Library of Law and Court Decisions has information about other situations where businesses/schools have tried to squash free speech in an effort to limit the amount of truthful information being distributed about their problems and practices. See Internet Law Library

There is a nonprofit organization which helps to protect the First Amendment rights of sites such as this. That organization is called FIRE and it focuses primarily on efforts, such as that made by Goodpasture, directed by colleges and universities.

Based upon the issues that now exist, I remain of the belief that this site and its content is protected First Amendment speech. It is not commercial speech. It raises issues, discloses facts and asks questions about Goodpasture but there is no realistic way it could be seen as "competing" for students since that is not the site's mission or purpose as so clearly stated in so many places and posts.

What this school has needed and still needs are people who are willing to stand up and demand that things be done right, that parents get what they are paying for and that they not be mislead or outright lied to as some believed has happened at least with respect to the "band parents meetings."

At this time, I am not planning to take the site down until and unless the school can show me specific case law which states that it is illegal for parents, alumni, donors, faculty, students and others to ask questions and make statements about their school in a public discussion. How do you feel?

[Guest]

Wonder how much of my tuition money went into that little ruckus.

Based on the improved publicity of the band, students' news letter, cougar paw web site, improved food services, and cleaned up language by teachers in the class room, it seems to me the parents and students of GCS are getting a lot of good out of this site.

You caused more good changes at GCS in less than a year than Gil has done in 3 1/2 years.

Keep up the good work.

[Guest]

They are so despirate to shut you up but the site is having such a positive impact on the changes at the school. What is next? Are the going to hire some bully to beat you up.

First Amendment is right! We are paying good money and we have a right to say what we feel and to hear what others say.

I think its great that it is irritating them to make more changes.

Do not take this site down. It is a shame there is a need for it but there is.

[Guest]

This despirate and futile action by the administration is predictable. They cannot truthfully prove that the things being said here are not true so they must try to close the site instead. All this tells me is that there is more that they are hiding that they do not want us to know about because it must be even worse than what has already been put here.

Keep it up and maybe things will be better at the school than they are now.

[82grad]

Hilarious! John, I didn't read all of your post, but I did get the main point...FREE SPEECH.

They so want us to just go away. Will they ever get it? They can't look past the fact that they can't control something. They can't just ignore it like they seem to be ignoring major issues at the school. Kinda pathetic of them, if you ask me!

If only they'd spend the same time and money actually coming up with solutions for GCS instead of in a room huddled with their lawyers, maybe there wouldn't be a NEED for this site!

Go, John! Don't you dare take this site down (I know you won't).

[JohnHarris]

Good summary 82Grad.

I have invited the school repeatedly to demonstrate or provide to me information that establishes that any of the information contained here is not true or no longer true. A great example of that is the huge storm cloud about the school's status as a charity or not. I have established that the process to obtain 501(c)(3) status could have easily been completed in the time that has past since the issue was raised. I have never suggested that the school would not qualify for status - only that it does not have it according to a letter from the IRS dated early this spring. Yet here we are starting the last quarter of 2007 and rather than putting facts on the table the school is trying to make threats and intimidation.

Ultimately, perhaps they will get what they are asking for. It was a huge mistake for Gil Drake to challenge Jim Reed's application for unemployment benefits because by doing that he had to testify under oath and his testimony reveals both irreconcilable statements compared to what he told the band parents and his incompetence in administration. What do you think will happen if they file suit to shut down this site and I get the chance to start taking sworn depositions of Gil, Dianne, Lindsey, Ms. Smith and Board Members and those depositions then get posted here as well?

[Guest]

[Guest]

What about some of those boards that people put in the beds of pickup trucks at election time. It would be less costly and mobile. We could drive them all over, to away games, to band contests, to church. It would be great to see the thumbs up all over town that I know would be there, well except out in front of Gil and Dianne's houses.

[DavidLewis]

[JohnHarris]

It appears that the school has attempted to register the name "Goodpasture" on AUGUST 31 2007 which clearly indicates that this was done solely to lay a factual basis for this demand letter dated September 26, 2007.

Tennessee Trademark Search Results

Note that the school is claiming that they started using the name on September 30, 1964. However, according to the Secretary of State business corporations online date, the "assumed" name of Christian Schools, Inc. (the name of the school as originally chartered in 1964 and its legal name still) whereby apparently Goodpasture was adopted was not until 2005.

Obviously, it was called Goodpasture in the 1970's when I was there. I do not know exactly when the name came on but the school's proper name is still Christian Schools, Inc.

[JohnHarris]

This summary might help some of you who are wondering about these trademark assertions by the school

[DavidLewis]

[Guest]

Seems to me (and of course I'm no lawyer) that this trademark application wouldn't apply here because it was begun in August of this year, while this site was begun over a year ago. Isn't something of a "grandfather" clause applicable?

[Guest]

Can John trademark the name Goodpasture Confidential, then?

[Dottie]

After Elvis Presley's name had a trademark, no one else could use it, and the ones that had used it prior to the trademark had to stop using it. What a trademark does is to protect.

[JohnHarris]

[JohnHarris]

[Dottie]

Goodpasture does use this commerically. They use it on t-shirts or anything that represents Goodpasture, and I feel that they have the right to protect its image.

[JohnHarris]

[Guest]

Has anyone from the school asked Harris to take the site down. Seems odd that the school would spend the money on lawyers to fight over this board.

It certainly has been a place for all of us to visit, share ideas, and read about happenings at the school. Personally, I find it interesting to stop by and review the posts. As a parent I want to know what is happening and this site has been refreshing.

My vote is to leave it here.

[DavidLewis]

[justme]

David - I really appreciate your insight and knowing Gil's response to your advice. It's another piece of information that adds credibility to the issues raised here. And thank you for taking the time to meet with him face to face.

[DavidLewis]

Justme--

Just to clarify, it was a phone call (actually, more than one). I haven't seen Gil in person since Homecoming last year. Our conversations were cordial, but I doubt I'd be as well-received now.

It seems I've been dropped from the alumni mailing and e-mail lists. I have yet to receive the "Barbeue" card, nor any of the alumni e-mails I know others have received recently. I received the alumni card last year, & I haven't moved. In fact, I scanned the one I received & sent it out via e-mail in conjunction with a message I sent about the Hamlett Endowment. Gil asked me to do that since I had a more up-to-date alumni e-mail list than did the school.

Maybe I should call Pat & ask about that...

David
_________________
David Lewis
Class of 1978

[Guest]

[JohnHarris]

That's right. How hard would it be to get in contact with Alumni and update the list? Not too bad. First, just ask David. Then perhaps put a notice in the Pathfinder which is supposed to be mailed to all of us and ask us to mail in or go "online" (wait a minute, Goodpasture has no real online presence) to update our records. Or, perhaps post-cards to alumni. Perhaps, since Dianne seems to be running the school, Gil can get in his Company Car with a notepad and just start driving around finding us one by one and updating the records manually. Certainly he could handle that with his skill sets.

[Guest]

Goodpasture resorting to threats and attorneys to shut up parents - what a nightmare for those of us to just want to know what is going on. It reminded me of this line

“Oh yeah, they're gonna talk to you, and talk to you, and talk to you about individual freedom, but they see a free individual, it's gonna scare 'em.”

Jack Nicholson in Easy Rider, 1969

[Guest]

As an alumni I do not want to see this site taken down until the problems at the school that it is discussing are gone. King George's approach to solving problem was to kill those who discussed them. Is that is what Mr. Drake is trying to do?

[cosmic]

Remember too that both the Pharoah in Moses' day and King Herod (twice) used that approach when told of challenges arising to their authority.
_________________
Cosmic.
Class of 1979.

[srl]

I would think if anyone has a trademark it would be brother B.C.'s family. After all, the school is named for him.

This is all sad, very sad. I had just gone to the web to see about Gilbert Drake's death, and found so much hatred and so many disgruntled people commenting. I pray for Janet and the children.

I know nothing of the facts of what occurred over the last several years. I did not even know anything had taken place. I just stumbled onto this web site about my alma mater.

I wish there were more people who lived up to the ideals of Bro. Brewer and others. Remember the Brewer award??? I don't think many people on this site (maybe including me, too), would qualify.

It's always easy to tear things down...so much harder to build them up.

I have one question. Now that Gilbert has passed, if Goodpasture selects a new (neutral) President, will this web site continue or will these issues be left alone and forgiveness reign in people's hearts?

God forgive all of us.

[Guest]

[srl]

Like I said, I don't know anything about what you are saying. I do know there were students who drank and used drugs when I was there. That probably happens at every school in America. The cell phone issues weren't a problem -- we didn't have them. I think one problem is that parents give kids access to the internet, cell phones, etc. and then are shocked when they see, receive or send inappropriate things. In our world, unfortunately, these things have to be talked about in the home.

I just wish everyone could get along. I grew up in Madison, went to the Madison church of Christ, knew Bro. Ruhl and his family, knew Gilbert Drake and his family, knew Ms. Smith, Ms. Thomas, Mr. Hamlett, Ms. Evans and so many others. The teachers weren't all perfect when I was there. I personally did not like a few of the teachers. But, I think Jesus calls us all to rise above our own pettiness.

In my humble opinion just seeing this forum for the first time today, I don't see that many commenters are following His example. I see a lot of anger and resentment.

Of course, I could be wrong. I haven't been living this thing for months, like some of you may have been doing.

I do know this - Goodpasture was a good school and overall I liked being there. My parents sacrificed a lot to send me there, and I am thankful to them. I hope things get better for everyone's sake.

[concerned alumnus]

I hate to surprise or shock anyone but I graduated from Goodpasture in the early 80's and some of the same stuff that is being reported going on now went on then such as drug use was very common as was some of the stuff posted about misconduct in the football locker room. My children graduated in the last 5 years and the same stuff was still going on. Smoking pot, drinking beer, sexual misconduct all went on during my time on school campus. During my time and my children's time at GCS Mr. Ruhl was the president and he could not get these same problems under control

This unfortunately is acceptable by society today. We would all like to think that the problems that go on in our public schools do not go on at Goodpasture however they do. And alot of what children do at school they see at home! I pray for whomever is selected as the school's next president because it is very hard to raise children in today's society.

[JohnHarris]

Private school's lose control and discipline options when there is no waiting list. When there is a waiting list, the school can be more selective in the quality of students it accepts and retains.

[concerned alumnus]

Good point Mr. Harris! I would love to know the number of students GCS and DA have lost to JPII The competion is much greater now than ever and GCS must keep up with the JPII of the world

[Guest]

[JohnHarris]

There is no compelling reason why Goodpasture could not implement many of the same standards academically and achieve the same successes. It may not happen overnight but it could be achieved within a few years.

It will not because the board has no vision - if it did then why the performance gap with JPII? Are we to believe that Catholics are that much smarter?

[Guest]

What you mean saying Catholics are smarter. Are you that much of a bigot?

[Guest]

[CO1997]

Not that Catholics are smarter...but they have a little more experience with education (2000 years vs. >200 years) - and as you say, better administration. There are weak Catholic schools too...typically, weaker Catholic schools wind up being the ones with a less homogeneous population, i.e., more protestants.

But, as I learned in my Bible class, the CoC claims to have no doctrine or dogma...and with no doctrine or dogma, how could you have a group of students united behind any sort of spiritual purpose?

[Guest]

[Guest]

Boy did that post ever take a wrong turn:-)

No one ever said Catholics were smarter or dumber.

I know of some Catholic schools that I would not even want my kids to walk past on a dark night.

BUT! At issue was the excellence of JP2.

It is an incredible school and regardless of your view of religious doctrine, its academics set a HIGH mark for any other school to match.

When Diane gets on cable TV during a football halftime and chirps (or hisses) how GCS is superior, she is making a fool out of herself with those that know better.

I settled for a private school with a higher academic standard that GCS but not as high as JP2.

The main deciding factor was Biblical principles DEMONSTRATED daily by the staff and faculty and those same principles expected out of the students. They don't act like GCS where a little preaching is suppose to overlook a day of loose living.

[Guest]

[Guest]

AMEN!!!!!!!!!