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Majority Opinion
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Brennan, J. (announced the judgment of the Court) |
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Concurring Opinion
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Blackmun, J. (concurring in part & concurring in the judgment), & White, J. (concurring in the judgment) |
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Dissenting Opinion
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Burger, C.J., & Powell, J., & Rehnquist, J., & O'Connor, J. |
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Lower Court
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2nd Circuit |
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Lower Court Ruling
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First Amendment claim sustained |
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Oral Arguments
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Oral Arguments
[Oyez]
transcript, reprinted in Peter Irons, editor, COURTS, KIDS, AND THE CONSTITUTION (2000), pp. 147-156
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| Lawyers |
George W. Lipp, Jr. (with him on the briefs was David S. J. Rubin)
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Alan H. Levine (with him on the brief were Steven R. Shapiro, Burt Neuborne, Alan Azzara, Bruce J. Ennis, Jr. & Charles S. Sims)
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| Briefs |
Albert Woll, Marsha Berzon, Laurence Gold & George Kaufmann for the American Federation of Labor and Congress of Industrial Organizations et al. (supporting Respondents)
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Bruce A. Taylor for Charles H. Keating, Jr., et al (supporting Petitioner)
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David Crump for the Legal Foundation of America (supporting Petitioner)
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Don H. Reuben & James A. Klenk for the American Library Association et al. (supporting Respondents)
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Harold P. Weinberger, Justin J. Finger & Jeffrey P. Sinensky for the Anti-Defamation League of B'Nai B'Rith (supporting Respondents)
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Irwin Karp for the Authors League of America, Inc. (supporting Respondents)
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James R. Sandner, Jeffrey S. Karp & Elizabeth A. Truly for New York State United Teachers (supporting Respondents)
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Jerry Simon Chasen and Marcia B. Paul for P. E. N. American Center (supporting Respondents)
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Nathan Z. Dershowitz & Edward Labaton for the American Jewish Congress et al.
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R. Bruce Rich for the Association of American Publishers, Inc., et al. (supporting Respondents)
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Robert M. Weinberg, Michael H. Gottesman & David Rubin for the National Education Association (supporting Respondents)
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Whitney North Seymour, Jr. & Martha L. Wolfe for the Long Island Library Association Coalition
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| Other |
Chemerinsky, Erwin, CONSTITUTIONAL LAW: PRINCIPLES & POLICIES (2nd ed., 2002), pp. 1111-1112
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Diamond, "The First Amendment & Public Schools: The Case Against Judicial Intervention," 59 Texas Law Review 321 (1979)
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Garvey, John, "Children & The First Amendment," 57 Texas Law Review 321 (1979)
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Greene, Abner, "Government of the Good," 53 Vanderbilt Law Review 1 (2000)
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Kreimer, Seth, "Allocational Sanctions: The Problem of Negative Rights in a Positive State," 132 University of Pennsylvania Law Review 1293, 1333-1335 (1984)
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Note, "Judicial Clairvoyance & the First Amendment," 1983 University of Illinois Law Review 731
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Note, "Remedy Without a Right," 16 Indiana Law Review 559 (1983)
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Note, "State Indoctrination and the Protection of Non-Sate Voices in the Schools," 35 Stanford Law Review 497 (1983)
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O'Neil, Robert, "Libraries, Liberties & the First Amendment," 42 University of Cincinnati Law Review 209 (1973)
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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)
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Smolla, Rodney, SMOLLA & NIMMER ON FREE SPEECH (1994), sect. 10.04[2]
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Yudof, Mark, "Library Book Selection & the Public Schools: The Quest for the Archimedean Point," 59 Indiana Law Journal 527 (1984)
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Yudof, Mark, "Tinker Tailored: Good Faith, Civility, & Student Expression," 69 St. John's Law Review 365, 371 (1965)
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| Commentary |
"Island Trees: No Decision," America, July 10, 1982, p. 24
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"The Right to Read," The Nation, July 24, 1982, p. 65
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Nocera, J., "The Book-Banning Brawl," The New Republic, May 13, 1982, p. 20
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