PICO v. BOARD OF ED., ISLAND TREES UNION FREE SCH.

No. 619, Docket 79-7690.

638 F.2d 404 (1980)

Steven A. PICO, by his next friend, Frances Pico, Jacqueline Gold, by her next friend, Rona Gold, Russell Rieger, by his next friend, Samuel Rieger, Glenn Yarris, by his next friend, Richard Yarris, and Paul Sochinski, by his next friend, Henry Sochinski, Plaintiffs-Appellants, v. BOARD OF EDUCATION, ISLAND TREES UNION FREE SCHOOL DISTRICT NO. 26, Richard Ahrens, Frank Martin, Christina Fasulo, Patrick Hughes, Richard Melchers, Richard Michaels, and Louis Nessim, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided October 2, 1980.

Rehearing and Rehearing Denied March 3, 1981.


Attorney(s) appearing for the Case

Alan H. Levine, Clark, Wulf, Levine & Peratis, New York City, Alan Azzara, Nassau County Chapter New York Civil Liberties Union, Mineola, N. Y., Arthur Eisenberg, Richard Emery, New York Civil Liberties Union, New York City, and Steven Hyman, Hyman & Miner, New York City, for plaintiffs-appellants.

George W. Lipp, Jr., Lipp & Rubin, Babylon, N. Y., for defendants-appellees.

Cahill, Gordon & Reindel, New York City (Floyd Abrams and Roy L. Regozin, New York City, of counsel), for National Council of Teachers of English, New York State English Council, Nat. Council for the Social Studies, and Speech Communication Ass'n as amici curiae.

Reuben & Proctor, Chicago, Ill. (William D. North, Chicago, Ill., of counsel), for American Library Ass'n and the New York Library Ass'n as amici curiae.

Bredhoff, Gottesman, Cohen & Weinberg, Washington, D. C. (Robert M. Weinberg, Gary L. Sasso and Michael H. Gottesman, Washington, D. C., of counsel), and David Rubin, Washington, D. C., for Nat. Ed. Ass'n as amicus curiae.

Irwin Karp, New York City, for The Authors League of America, Inc. as amicus curiae.

James R. Sandner, New York City (Elizabeth A. Truly, Jeffrey S. Karp, New York City, of counsel), for New York State United Teachers as amicus curiae.

Henry R. Kaufman, New York City (Ira M. Millstein, R. Bruce Rich, Amy L. Katz and Weil, Gotshal & Manges, New York City, of counsel), for Association of American Publishers, Inc., P.E.N. American Center, Writers Guild of America, East, Inc. and Writers in the Public Interest as amici curiae.

Nathan Z. Dershowitz and Edward Labaton, New York City (Victoria Eiger and Maureen Schild, New York City, of counsel), for American Jewish Congress, American Jewish Committee, Anti-Defamation League of B'nai Brith, American Orthopsychiatric Ass'n, Ethical Humanist Society of Long Island, Long Island Council of Churches, National Council of Jewish Women and the Unitarian Universalist Ass'n as amici curiae.

Ivan B. Gluckman, Reston, Va., for National Ass'n for Secondary School Principals as amicus curiae.

Before MANSFIELD and NEWMAN, Circuit Judges, and SIFTON, District Judge.


Rehearing and Rehearing En Banc Denied March 3, 1981.

SIFTON, District Judge.

This appeal arises from a judgment entered in the United States District Court for the Eastern District of New York granting defendants' application for summary judgment and dismissing plaintiffs' class action complaint which sought injunctive and declaratory relief with respect to alleged violations of the first amendment to the United States Constitution and Article 1, Section...

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