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MTR. OF PANARELLA v. BIRENBAUM

32 N.Y.2d 108 (1973)

In the Matter of Alfred Panarella, as Parent and Natural Guardian of Daniel A. Panarella, an Infant, Appellant, v. William Birenbaum, as President of Staten Island Community College of the City University of New York, et al., Respondents. In the Matter of Robert Mahoney et al., Appellants, v. Herbert Schueler, as President of Richmond College, et al., Respondents.

Court of Appeals of the State of New York.

Decided March 22, 1973.

Attorney(s) appearing for the Case

Daniel D. Leddy, Jr. for appellants.

Norman Redlich, Corporation Counsel (Sanford I. Freedman and Stanley Buchsbaum of counsel), for respondents.

Reuben E. Gross and Edward Schiff for Council of Jewish Organizations of Staten Island, amicus curiae.

Alan H. Levine and Arthur N. Eisenberg for New York Civil Liberties Union, amicus curiae.

Chief Judge FULD and Judges JASEN, GABRIELLI, JONES and WACHTLER concur with Judge BREITEL; Judge BURKE dissents in part and votes to affirm as to Staten Island Community College and to reverse as to Richmond College on the dissenting opinion at the Appellate Division.

BREITEL, J.

These are consolidated proceedings under CPLR article 78 to compel the officials of two tax-supported public colleges to suppress publication in student newspapers of articles grossly offensive to religion. The articles attack particular organized religions in terms derogatory, profane, and blasphemous. In one of the articles, the vocabulary of common obscenity is used, although no party tenders any...

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