BOARD OF EDUCATION v. PICO

No. 80-2043.

457 U.S. 853 (1982)

BOARD OF EDUCATION, ISLAND TREES UNION FREE SCHOOL DISTRICT NO. 26, ET AL. v. PICO, BY HIS NEXT FRIEND PICO, ET AL.

Supreme Court of United States.

Decided June 25, 1982.


Attorney(s) appearing for the Case

George W. Lipp, Jr., argued the cause for petitioners. With him on the briefs was David S. J. Rubin.

Alan H. Levine argued the cause for respondents. With him on the brief were Steven R. Shapiro, Burt Neuborne, Alan Azzara, Bruce J. Ennis, Jr., and Charles S. Sims.*

Briefs of amici curiae urging affirmance were filed by J. Albert Woll, Marsha Berzon, Laurence Gold, and George Kaufmann for the American Federation of Labor and Congress of Industrial Organizations et al.; by Don H. Reuben and James A. Klenk for the American Library Association et al.; by Harold P. Weinberger, Justin J. Finger, and Jeffrey P. Sinensky for the Anti-Defamation League of B'Nai B'Rith; by R. Bruce Rich for the Association of American Publishers, Inc., et al.; by Irwin Karp for the Authors League of America, Inc.; by Robert M. Weinberg, Michael H. Gottesman, and David Rubin for the National Education Association; by James R. Sandner, Jeffrey S. Karp, and Elizabeth A. Truly for New York State United Teachers; and by Jerry Simon Chasen and Marcia B. Paul for P. E. N. American Center.

Briefs of amici curiae were filed by Nathan Z. Dershowitz and Edward Labaton for the American Jewish Congress et al.; and by Whitney North Seymour, Jr., and Martha L. Wolfe for the Long Island Library Association Coalition.


JUSTICE BRENNAN announced the judgment of the Court and delivered an opinion, in which JUSTICE MARSHALL and JUSTICE STEVENS joined, and in which JUSTICE BLACKMUN joined except for Part II-A-(1).

The principal question presented is whether the First Amendment1 imposes limitations upon the exercise by a local school board of its discretion to remove library books from high school and junior high...

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