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JAMES v. BOARD OF EDUCATION OF CENTRAL DIST. NO. 1, ETC.

No. 697, Docket 72-1109.

461 F.2d 566 (1972)

Charles JAMES, Appellant, v. The BOARD OF EDUCATION OF CENTRAL DISTRICT NO. 1 OF the TOWNS OF ADDISON et al., Appellees.

United States Court of Appeals, Second Circuit.

Decided May 24, 1972.

Attorney(s) appearing for the Case

Burt Neuborne, New York City (New York Civil Liberties Union, of counsel), for appellant.

Harry Treinin, Corning, N. Y., for appellees.

John P. Jehu, Albany, N. Y., for Commissioner of Education of State of New York, amicus curiae.

Before KAUFMAN, ANDERSON and MANSFIELD, Circuit Judges.

IRVING R. KAUFMAN, Circuit Judge:

The first amendment proscription against any law abridging freedom of expression, perhaps more than any other constitutional guarantee, frequently brings into sharp focus the inexorable tension between enduring concerns for individual freedom and the authority required to preserve the democracy so crucial to realizing that freedom. For several decades, the courts have struggled with principles...

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