E. MEADOW ASSN. v. BD. OF EDUC.


18 N.Y.2d 129 (1966)

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

Court of Appeals of the State of New York.

Decided July 7, 1966.


Attorney(s) appearing for the Case

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

John H. Borrie for respondent.

Donald D. Shack and Irvin Rothfarb for New York Civil Liberties Union, amicus curiæ.

Chief Judge DESMOND and Judges VAN VOORHIS, BURKE, BERGAN and KEATING concur with Judge FULD; Judge SCILEPPI dissents and votes to affirm upon the opinion at the Appellate Division.


FULD, J.

Involved in this litigation — which questions the right of the defendant school board to bar the folk singer, Pete Seeger, from giving a concert in one of its school buildings — are important issues of jurisdiction and constitutional law.

The plaintiff, a nonprofit educational and cultural association, has for its purpose the presentation of an annual series of musical concerts...

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