ERIC Number: ED198578
Record Type: RIE
Publication Date: 1980-Nov
Reference Count: 0
After "Ginsberg" and "Tinker": Book Banning and Minor's First Amendment Rights.
Trauth, Denise M.; Huffman, John L.
Through an analysis of the six federal book banning cases that have been adjudicated in the past decade since "Ginsberg v. New York" and "Tinker v. Des Moines Independent School District," this paper explores the difference in current First Amendment theory in the area of student access to books. A review of the six cases indicates that the federal courts are not in agreement in the area of delineating the First Amendment rights of minors, and different federal circuit courts of appeals are moving in different judicial directions, each relying on its own interpretation of the standards proposed by the Supreme Court in "Ginsberg" and "Tinker." The Review concludes that different courts have used the language of these two cases to arrive at widely varying positions on what First Amendment rights public high school students enjoy in the area of access to books. (MKM)
Publication Type: Information Analyses; Speeches/Meeting Papers
Education Level: N/A
Authoring Institution: N/A
Note: Paper presented at the Annual Meeting of the Speech Communication Association (66th, New York, NY, November 13-16, 1980).