PETERSON v. BOARD OF ED. OF SCH. DIST. NO. 1 OF LINCOLN, NEB.

No. CV73-L-136.

370 F.Supp. 1208 (1973)

Shelley Lorraine PETERSON et al., Plaintiffs, v. The BOARD OF EDUCATION OF SCHOOL DISTRICT NO. 1 OF LINCOLN, LANCASTER COUNTY, NEBRASKA, et al., Defendants.

United States District Court, D. Nebraska.

September 19, 1973.


Attorney(s) appearing for the Case

James M. Kelley, Lincoln, Neb., for plaintiffs.

Willis Hecht, Lincoln, Neb, for defendants.


MEMORANDUM OF DECISION

URBOM, Chief Judge.

The issue is whether a board of education of a public school may prohibit the distribution on school grounds of a "counter-culture" or "alternative" newspaper, in the face of the First and Fourteenth Amendments to the Constitution of the United States which declare that a state "shall make no law . . . abridging the freedom of speech, or of the press." For the reasons hereinafter outlined, I conclude that the answer...

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