Board of Education, Island Trees Union Free School District No. 26, et al. v. Pico, BY His Next Friend Pico, et al. (457 U.S. 853)

U.S. Supreme Court · decided June 25, 1982 · Supreme Court Database (Spaeth)

Citation
457 U.S. 853 · 102 S. Ct. 2799
Decided
June 25, 1982
Term
October Term 1981
Vote
5–4
Majority author
Justice Brennan
Issue area
First Amendment
Disposition
Affirmed
Outcome
Petitioning party lost
Ideological direction
Liberal

Opinion excerpt

Justice Brennan announced the judgment of the Court and delivered an opinion, in which Justice Marshall and Justice Stevens joined, and in which Justice Blackmun joined except for Part II-A-(l). The principal question presented is whether the First Amendment imposes limitations upon the exercise by a local school board of its discretion to remove library books from high school and junior high school libraries. h — ( Petitioners are the Board of Education of the Island Trees Union Free School District No. 26, in New York, and Richard Ahrens, Frank Martin, Christina Fasulo, Patrick Hughes, Richard Melchers, Richard Michaels, and Louis Nessim. When this suit was brought, Ahrens was the President of the Board, Martin was the Vice President, and the remaining petitioners were Board members. The Board is a state agency charged with responsibility for the operation and administration of the public schools within the Island Trees School District, including the Island Trees High School and Island Trees Memorial Junior High School. Respondents are Steven Picó, Jacqueline Gold, Glenn Yarris, Russell Rieger, and Paul Sochinski. When this suit was brought, Pico, Gold, Yarris, and Rieger were students at the High School, and Sochinski was a student at the Junior High School. In September 1975, petitioners Ahrens, Martin, and Hughes attended a conference sponsored by Parents of New York…

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