ERIC Number: ED219813
Record Type: Non-Journal
Publication Date: 1982-Jun-25
Reference Count: N/A
Board of Education, Island Trees Union Free School District No. 26 et al., Petitioners, v. Steven A. Pico, by His Next Friend, Frances Pico et al. On Writ of Certiorari to the United States Court of Appeals for the Second Circuit. Supreme Court of the United States, No. 80-2043.
Supreme Court of the U. S., Washington, DC.
The Supreme Court decision in the case of the Board of Education, Island Trees, New York, versus Steven A. Pico, addressed 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. Rejecting the recommendations of a committee it had appointed, the school board in 1976 removed nine books it found offensive from elementary and secondary school libraries and from use in the curriculum. Although the district court supported the board's actions, this ruling was reversed by a three judge panel of the United States Court of Appeals, which remanded the action for a trial on Pico's allegations that the board's actions had violated First Amendment rights. In a plurality decision written by Justice Brennan and joined by Justices Marshall and Stevens, the Supreme Court affirmed the court of appeal's ruling. Justice Blackmun filed an opinion concurring in part and concurring in judgment, and Justice White filed an opinion concurring in judgment. Justices Burger, Powell, Rehnquist, and O'Connor filed dissenting opinions. (All the opinions and a syllabus are included.) (JL)
Publication Type: Legal/Legislative/Regulatory Materials
Education Level: N/A
Authoring Institution: Supreme Court of the U. S., Washington, DC.