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E. MEADOW CMTY. CONCERTS ASS'N v. BD. OF EDUC. OF UNION FREE SCH. DIST. NO. 3, COUNTY OF NASSAU

19 N.Y.2d 605 (1967)

East Meadow Community Concerts Association, Respondent, v. Board of Education of Union Free School District No. 3, County of Nassau, Appellant.

Court of Appeals of the State of New York.

Decided January 19, 1967.

Attorney(s) appearing for the Case

John H. Borrie for appellant.

Leonard S. Elman, Samuel Millman and Norman Bard for respondent.

Chief Judge FULD and Judges VAN VOORHIS, BURKE, BERGAN, KEATING and BREITEL concur in Per Curiam opinion; Judge SCILEPPI dissents and votes to reverse and to dismiss the complaint upon the ground that there was a sufficient showing that Seeger's expression of his well-known views would immediately and irreparably create injury to the commonweal.

Per Curiam.

The record before us clearly establishes that the plaintiff qualifies under section 414 (subds. 3, 4) of the Education Law as an organization entitled to use the school facilities during out of school hours and that it was unconstitutional and improper for the defendant to deny the use of these facilities to the plaintiff solely because of the controversial views that had previously been expressed by the...

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