AMERICAN CIV. LIBERTIES UNION v. MIAMI-DADE COUNTY

No. 06-14633.

557 F.3d 1177 (2009)

AMERICAN CIVIL LIBERTIES UNION OF FLORIDA, INCORPORATED, Miami-Dade County Student Government Association, Plaintiffs-Appellees, v. MIAMI-DADE COUNTY SCHOOL BOARD, Rudolph F. Crew, Defendants-Appellants.

United States Court of Appeals, Eleventh Circuit.

February 5, 2009.


Attorney(s) appearing for the Case

Richard J. Ovelmen and Enrique D. Arana, Jorden Burt, LLP, Miami, FL, for Defendants-Appellants.

JoNel Newman, University of Miami School of Law, Coral Gables, FL, Randall C. Marshall, American Civil Liberties Union of Florida, Inc., Miami, FL, for Plaintiffs-Appellees.

Jay Alan Sekulow, American Center for Law & Justice, Washington, DC, for American Center for Law and Justice, Amicus Curiae.

Theresa Chmara, Jenner & Block, Washington, DC, for American Booksellers Foundation for Free Expressio, Amicus Curiae.

Walter Eugene Forehand, Lewis, Longman & Walker, P.A., Tallahassee, FL, for Florida Library Ass'n, Amicus Curiae.

Before CARNES and WILSON, Circuit Judges, and WALTER, District Judge.


CARNES, Circuit Judge:

Kafka advised a friend that "we ought to read only books that bite and sting us. If the book we are reading doesn't shake us awake like a blow on the skull, why bother reading it in the first place?"1 The kind of biting, stinging, and shaking Kafka advocated, however, is not the kind we feel when we read a purportedly nonfiction book filled with factual errors, distortions, and misrepresentations. Juan Amador was...

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