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Board of Education, Island Trees Union Free School District v. Pico (doc. #: 80-2043) (1982)  [Findlaw]

Secondary Link Board of Education, Island Trees Union Free School District v. Pico  [Legal Information Institute]
Argument Date 03/02/1982
Decided 06/25/1982
Supreme Court Vote 5-4
Supreme Court Ruling First Amemdment claim sustained
IssueFirst, does the First Amendment impose any limitations upon the discretion of Petitioners to remove library books from the Island Trees High School and Junior High School? Second, if so, do the affidavits and other evidentiary materials before the District Court, construed most favorably to Respondents, raise a genuine issue of fact whether petitioners might have exceeded those limitations?
Case Summary & Additional Resources
Majority Opinion Brennan, J. (announced the judgment of the Court)
Concurring Opinion Blackmun, J. (concurring in part & concurring in the judgment), & White, J. (concurring in the judgment)
Dissenting Opinion Burger, C.J., & Powell, J., & Rehnquist, J., & O'Connor, J.
Lower Court 2nd Circuit
Lower Court Ruling First Amendment claim sustained
Oral Arguments Oral Arguments  [Oyez]
transcript, reprinted in Peter Irons, editor, COURTS, KIDS, AND THE CONSTITUTION (2000), pp. 147-156
For Petitioner
George W. Lipp, Jr. (with him on the briefs was David S. J. Rubin)

For Respondent
Alan H. Levine (with him on the brief were Steven R. Shapiro, Burt Neuborne, Alan Azzara, Bruce J. Ennis, Jr. & Charles S. Sims)

For Amicus
Albert Woll, Marsha Berzon, Laurence Gold & George Kaufmann for the American Federation of Labor and Congress of Industrial Organizations et al. (supporting Respondents)

Bruce A. Taylor for Charles H. Keating, Jr., et al (supporting Petitioner)

David Crump for the Legal Foundation of America (supporting Petitioner)

Don H. Reuben & James A. Klenk for the American Library Association et al. (supporting Respondents)

Harold P. Weinberger, Justin J. Finger & Jeffrey P. Sinensky for the Anti-Defamation League of B'Nai B'Rith (supporting Respondents)

Irwin Karp for the Authors League of America, Inc. (supporting Respondents)

James R. Sandner, Jeffrey S. Karp & Elizabeth A. Truly for New York State United Teachers (supporting Respondents)

Jerry Simon Chasen and Marcia B. Paul for P. E. N. American Center (supporting Respondents)

Nathan Z. Dershowitz & Edward Labaton for the American Jewish Congress et al.

R. Bruce Rich for the Association of American Publishers, Inc., et al. (supporting Respondents)

Robert M. Weinberg, Michael H. Gottesman & David Rubin for the National Education Association (supporting Respondents)

Whitney North Seymour, Jr. & Martha L. Wolfe for the Long Island Library Association Coalition

Chemerinsky, Erwin, CONSTITUTIONAL LAW: PRINCIPLES & POLICIES (2nd ed., 2002), pp. 1111-1112
Diamond, "The First Amendment & Public Schools: The Case Against Judicial Intervention," 59 Texas Law Review 321 (1979)
Garvey, John, "Children & The First Amendment," 57 Texas Law Review 321 (1979)
Greene, Abner, "Government of the Good," 53 Vanderbilt Law Review 1 (2000)
Kreimer, Seth, "Allocational Sanctions: The Problem of Negative Rights in a Positive State," 132 University of Pennsylvania Law Review 1293, 1333-1335 (1984)
Note, "Judicial Clairvoyance & the First Amendment," 1983 University of Illinois Law Review 731
Note, "Remedy Without a Right," 16 Indiana Law Review 559 (1983)
Note, "State Indoctrination and the Protection of Non-Sate Voices in the Schools," 35 Stanford Law Review 497 (1983)
O'Neil, Robert, "Libraries, Liberties & the First Amendment," 42 University of Cincinnati Law Review 209 (1973)
O'Neil, Robert, "Libraries, Librarians & First Amendment Freedoms," 4 Human Rights 295 (1975)
Removal of Books from School Libraries," 12 Journal of Law & Education 417 (1983)
Saunders, Kevin, SAVING OUR CHILDREN FROM THE FIRST AMENDMENT (2003), pp. 231-238, 243-244, 250-252

Smolla, Rodney, SMOLLA & NIMMER ON FREE SPEECH (1994), sect. 10.04[2]
Yudof, Mark, "Library Book Selection & the Public Schools: The Quest for the Archimedean Point," 59 Indiana Law Journal 527 (1984)
Yudof, Mark, "Tinker Tailored: Good Faith, Civility, & Student Expression," 69 St. John's Law Review 365, 371 (1965)
"Island Trees: No Decision," America, July 10, 1982, p. 24
"The Right to Read," The Nation, July 24, 1982, p. 65
Nocera, J., "The Book-Banning Brawl," The New Republic, May 13, 1982, p. 20
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