OXFELD v. STATE BOARD OF EDUCATION


68 N.J. 301 (1975)

344 A.2d 769

NANCY OXFELD, BY HER PARENT AND NATURAL GUARDIAN, EMIL OXFELD, PETITIONER-APPELLANT, AND JEFFREY GOODMAN, BY HIS PARENT AND NATURAL GUARDIAN, SAMUEL GOODMAN; DONALD STRAUSS, BY HIS PARENT AND NATURAL GUARDIAN, DR. F. STRAUSS; DANIEL LIPPMAN, BY HIS PARENT AND NATURAL GUARDIAN, DR. H.E. LIPPMAN; KENNETH SCHACHAT, BY HIS PARENT AND NATURAL GUARDIAN, HERBERT SCHACHAT; GINA NOVENDSTERN, BY HER PARENT AND NATURAL GUARDIAN, LEON NOVENDSTERN; JILL KESSLER, BY HER PARENT AND NATURAL GUARDIAN, EDWARD KESSLER; PETER SHAPIRO, BY HIS PARENT AND NATURAL GUARDIAN, DR. MYRON J. SHAPIRO, PETITIONERS, v. NEW JERSEY STATE BOARD OF EDUCATION AND BOARD OF EDUCATION OF SOUTH ORANGE-MAPLEWOOD, ESSEX COUNTY, RESPONDENTS-RESPONDENTS.

The Supreme Court of New Jersey.

Reargued November 4, 1974.

Decided September 16, 1975.


Attorney(s) appearing for the Case

Mr. Lewis M. Holland argued the cause for appellant (Messrs. Chasan, Leyner, Holland and Tarleton, attorneys).

Mrs. Joyce Usiskin and Miss Mary Ann Burgess, Deputy Attorneys General, argued the cause for respondent New Jersey State Board of Education (Mr. George F. Kugler, Jr., and Mr. William F. Hyland, Attorneys General, attorneys; Mr. Stephen Skillman, Assistant Attorney General, of Counsel; Mrs. Usiskin, on the Brief).

Mr. David Samson argued the cause for respondent Board of Education of South Orange-Maplewood (Messrs. Lieb, Wolff & Samson, attorneys; Mr. Samson, on the Brief).


PER CURIAM.

These proceedings challenge the constitutionality of a school regulation governing student distribution of pamphlets and leaflets on school grounds. Out of deference to our dissenting colleagues we withheld announcement of our decision in the case, it being anticipated that some guidance to those who felt obliged to address the merits might be forthcoming from the United States Supreme Court. While this case was pending here, the Supreme Court heard argument...

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