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Our Awards Booktopia's Charities. Kreimer v. Such exercise could not interfere with or disrupt the library's reasonable rules of operation. The court then upheld three library rules which: 1 required patrons to read, study, or otherwise use library materials while there; 2 prohibited noisy or boisterous activities which might disturb other patrons; and 3 permitted the removal of any patron whose offensive bodily hygiene was a nuisance to other patrons. Case v.
Unified School District No. Despite the fact that the school board testified that they had removed the book because of "educational unsuitability," which is within their rights under the Pico decision, it became obvious from their testimony that the book was removed because they disapproved of the book's ideology. In addition, it was found that the school board had violated their own materials selection and reconsideration policies, which weighed heavily in the judge's decision. Campbell v. Tammany Parish School Board, 64 F.
Parents of several students sued and the district court granted summary judgment in their favor. The court of appeals reversed, finding that there was not enough evidence at that stage to determine that board members had an unconstitutional motivation, such as denying students access to ideas with which board members disagreed; the court remanded the case for a full trial at which all board members could be questioned about their reasons for removing the book. The court observed that "in light of the special role of the school library as a place where students may freely and voluntarily explore diverse topics, the school board's non-curricular decision to remove a book well after it had been placed in the public school libraries evokes the question whether that action might not be an attempt to 'strangle the free mind at its source.
The parties settled the case before trial by returning the book to the libraries on specially designated reserve shelves. Sund v. City of Wichita Falls, Texas, F. The City of Wichita Falls City Council voted to restrict access to the books if persons signed a petition asking for the restriction. A separate group of citizens filed suit after the books were removed from the children's section and placed on a locked shelf in the adult area of the library.
Following a trial on the merits, the District Court permanently enjoined the city from enforcing the resolution permitting the removal of the two books. It held that the City's resolution constituted impermissible content-based and viewpoint based discrimination; was not narrowly tailored to serve a compelling state interest; provided no standards or review process; and improperly delegated governmental authority over the selection and removal of the library's books to any private citizens who wish to remove a book from the children's area of the Library.
Counts v. Cedarville School District, F. As a result of the vote, students in the Cedarville school district were required to obtain a signed permission slip from their parents or guardians before they would be allowed to borrow any of the Harry Potter books from school libraries. The District Court overturned the Board's decision and ordered the books returned to unrestricted circulation, on the grounds that the restrictions violated students' First Amendment right to read and receive information. In so doing, the Court noted that while the Board necessarily performed highly discretionary functions related to the operation of the schools, it was still bound by the Bill of Rights and could not abridge students' First Amendment right to read a book on the basis of an undifferentiated fear of disturbance or because the Board disagreed with the ideas contained in the book.
Pico , U. Smith v. Board of School Commissioners of Mobile Ala.
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County , F. Mozert v. Hawkins County Board of Education , F. Virgil v. School Board of Columbia County , F. American Library Association v. American Civil Liberties Union , U. Mainstream Loudoun, et al. Tinker v. Tinker, Christopher Eckhardt, and Mary Beth Tinker who were expelled after they wore black armbands to school in symbolic protest of the Vietnam War, the Supreme Court held that students "do not shed their constitutional rights at the schoolhouse gate" and that the First Amendment protects public school students' rights to express political and social views.
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Zykan v. On appeal, the Court of Appeals for the Seventh Circuit ruled that the school board has the right to establish a curriculum on the basis of its own discretion, but it is forbidden to impose a "pall of orthodoxy. Pico, U. The following February, the board gave an "unofficial direction" that the books be removed from the school libraries, so that board members could read them.
When the board action attracted press attention, the board described the books as "anti-American, anti-Christian, anti-Semitic, and just plain filthy. The board appointed a review committee that recommended that five of the books be returned to the shelves, two be placed on restricted shelves, and two be removed from the library. The full board voted to remove all but one book.
After years of appeals, the U. Supreme Court upheld the students' challenge to the board's action. The Court held that school boards do not have unrestricted authority to select library books and that the First Amendment is implicated when books are removed arbitrarily. Justice Brennan declared in the plurality opinion: "Local school boards may not remove books from school library shelves simply because they dislike the ideas contained in those books and seek by their removal to prescribe what shall be orthodox in politics, nationalism, religion, or other matters of opinion. County, F. After an initial ruling in a federal district court in favor of the plaintiffs, the U.
Court of Appeals for the Eleventh Circuit ruled that as long as the school was motivated by a secular purpose, it didn't matter whether the curriculum and texts shared ideas held by one or more religious groups. The Court found that the texts in question promoted important secular values tolerance, self-respect, logical decision making and thus the use of the textbooks neither unconstitutionally advanced a nontheistic religion nor inhibited theistic religions.
Hawkins County Board of Education, F. Court of Appeals for the Sixth Circuit rejected the plaintiffs' claim, finding that the Constitution does not require school curricula to be revised substantially in order to accommodate religious beliefs.
Hazelwood School District v. Kuhlmeier, U. The principal defended his action on the grounds that he was protecting the privacy of the pregnant students described, protecting younger students from inappropriate references to sexual activity and birth control, and protecting the school from a potential libel action. The Supreme Court held that the principal acted reasonably and did not violate the students' First Amendment rights.
A school need not tolerate student speech, the Court declared, "that is inconsistent with its 'basic educational mission,' even though the government could not censor similar speech outside the school. The school, thus, did not create a public forum for the expression of ideas, but instead maintained the newspaper "as supervised learning experience for journalism students.
The Court cautioned, however, that this authority does not justify an educator's attempt "to silence a student's personal expression that happens to occur on the school premises. School Board of Columbia County, F. Circuit Court of Appeals concluded that a school board may, without contravening constitutional limits, take such action when the removal decision was "reasonably related" to the "legitimate pedagogical concern" of denying students access to "potentially sensitive topics. Romano v. Harrington, F. District Court found in favor of a faculty adviser to a high-school newspaper who claimed a violation of the First and Fourteenth Amendments when fired following the newspaper's publication of a student's article opposing the federal holiday for Martin Luther King, Jr.
lafomorhuay.tk The Court held that educators may exercise greater editorial control over what students write for class than what they voluntarily submit to extracurricular publications. Cohen v. San Bernardino Valley College, 92 F. The court held the policy unconstitutionally vague as applied to Cohen's in-class speech, calling it a "legalistic ambush. See also: Evans v.
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