PLS 460 Island Trees v Pico

PLS 460 Island Trees v Pico - the school board and members,...

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Island Trees v Pico 457 U.S. 853; 102 S. Ct. 2799; 73 L. Ed. 2d 435; 1982 U.S. PROCEDURAL POSTURE: Petitioners, a school board and its members, were granted a writ of certiorari to review the judgment of the United States Court of Appeals for the Second Circuit that reversed a summary judgment for petitioners and remanded for trial an action alleging that the rights of respondent students under U.S. Const. amend. I were violated by the removal from school libraries of certain books deemed to be morally objectionable. OVERVIEW: After the school board members attended a conference in which a list of objectionable books was circulated, the school board directed that certain books be removed from school libraries, characterizing them as "anti-American, anti-Christian, anti-Semitic, and just plain filthy." The students sued, claiming the removal of books violated their First Amendment rights. The district court entered summary judgment for
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Unformatted text preview: the school board and members, but the court of appeals reversed and remanded for trial. On further review, the Supreme Court affirmed, but issued no opinion of the Court, basing its judgment on there being a genuine issue as to the reasons for the removal of the books. In a plurality opinion, three justices were of the opinion that students had a First Amendment right to receive ideas and information as a necessary predicate to their meaningful exercise of the rights of speech, press, and political freedom. Another justice concurring in the judgment wrote that the state had no authority to deny access to ideas for political reasons, while a fifth justice concurring in the judgment did not want to reach the First Amendment question on an incomplete record. OUTCOME: The judgment of the court of appeals was affirmed....
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This note was uploaded on 05/04/2010 for the course PLS 460 taught by Professor Lermack during the Spring '10 term at Bradley.

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