On Jan. 31, three days earlier than required, lawyers representing the district and the various parties named in the Stephen Williams lawsuit filed their response in San Jose's federal court. That response was a motion to dismiss the lawsuit, which claims that Williams' Constitutional rights were violated when Principal Patricia Vidmar prohibited him from distributing material that addressed religious topics to his fifth grade students.

The motion to dismiss claims that Williams' arguments cannot stand because he did not identify other teachers at Stevens Creek Elementary School who used the same handouts or those whose handouts were not scrutinized when parents complained. The 26-page document also says that public school teachers, as representatives of the state, cannot claim First Amendment protection for speech that violates the separation of church and state.

"[Williams] has not alleged that [the] defendants have precluded [him] from being a Christian or from freely practicing his religious beliefs (in an allowable forum)," the motion says. "Even if limiting his religious handouts for a secular setting is a burden on [Williams'] religious practice, Ms. Vidmar is properly exercising her discretion in her role as a speaker for the state."

The motion also states that Vidmar, Superintendent Bill Bragg and members of the school board, as public entity employees, can claim "qualified immunity" as a defense, which precludes liability on an individual level.

A hearing date of March 28 has been set in San Jose's federal court.