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| Format: | Recurso educativo Open Access |
| Language: | en |
| Published: |
1982
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| Subjects: | |
| Online Access: | https://eric.ed.gov/?id=ED226438 |
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| _version_ | 1867181821847928832 |
|---|---|
| author | Jarvis, Mel |
| author_facet | Jarvis, Mel Jarvis, Mel |
| collection | Education Resources Information Center |
| contents | U.S. Supreme Court Attempts to Establish New First Amendment "Right": Pico v. Island Trees School Board. Jarvis, Mel Board of Education Role Censorship Court Litigation Elementary Secondary Education Federal Courts Freedom of Speech Moral Values School Districts In the case of "Pico v. Island Trees Union Free School District," involving school library censorship by a Long Island (New York) board, the U.S. Supreme Court in 1982 failed to decide whether board discretion or First Amendment rights should prevail, and instead remanded the case to lower courts. The author of this document first reviews the events leading up to the parents' suit against the board for removing books from the school libraries; he describes the decisions for the board in federal district court and for the parents in circuit court. Next he reviews the issues as seen in the Court's plurality opinion, by Justice Brennan, which emphasized First Amendment rights and the need to know the board's intent. He then explains dissenting opinions by Justices Burger, Powell, Rehnquist, and O'Connor, which saw the Court's action as an infringement on school boards' rights. Subsequently the author compares the two positions. He lists three conclusions about the case: first, that public education is the responsibility of states and school boards; second, that First Amendment cases engender confusing side issues; and, third, that boards should publish clear policies and apply them consistently. (RW) |
| format | Recurso educativo Open Access |
| id | eric_ED226438 |
| institution | ERIC Institute of Education Sciences |
| language | en |
| publishDate | 1982 |
| record_format | eric |
| spellingShingle | U.S. Supreme Court Attempts to Establish New First Amendment "Right": Pico v. Island Trees School Board. Jarvis, Mel Board of Education Role Censorship Court Litigation Elementary Secondary Education Federal Courts Freedom of Speech Moral Values School Districts U.S. Supreme Court Attempts to Establish New First Amendment "Right": Pico v. Island Trees School Board. Jarvis, Mel Board of Education Role Censorship Court Litigation Elementary Secondary Education Federal Courts Freedom of Speech Moral Values School Districts In the case of "Pico v. Island Trees Union Free School District," involving school library censorship by a Long Island (New York) board, the U.S. Supreme Court in 1982 failed to decide whether board discretion or First Amendment rights should prevail, and instead remanded the case to lower courts. The author of this document first reviews the events leading up to the parents' suit against the board for removing books from the school libraries; he describes the decisions for the board in federal district court and for the parents in circuit court. Next he reviews the issues as seen in the Court's plurality opinion, by Justice Brennan, which emphasized First Amendment rights and the need to know the board's intent. He then explains dissenting opinions by Justices Burger, Powell, Rehnquist, and O'Connor, which saw the Court's action as an infringement on school boards' rights. Subsequently the author compares the two positions. He lists three conclusions about the case: first, that public education is the responsibility of states and school boards; second, that First Amendment cases engender confusing side issues; and, third, that boards should publish clear policies and apply them consistently. (RW) |
| title | U.S. Supreme Court Attempts to Establish New First Amendment "Right": Pico v. Island Trees School Board. |
| topic | Board of Education Role Censorship Court Litigation Elementary Secondary Education Federal Courts Freedom of Speech Moral Values School Districts |
| url | https://eric.ed.gov/?id=ED226438 |