Island Trees Union Free School District v. Pico 457 U.S. 853 (1982) Censorship and Free Speech

Summary The school board members of the Island Trees Union Free School District in New York, forced the junior and high school libraries to remove several books that contained "anti-American," "anti-Christian," "anti-Semetic" or "just plain filthy" material. They forced the books to be removed and brought to their offices for perusal. When this happened, it became a publicized issue and the board insisted it was their "moral obligation" to protect the students from harm.

Summary (cont) The board put together a group of committee of four parents and four teachers to read the books and make recommendations as to whether the books should be allowed back into the libraries. Several of the novels were recommended to be returned. The board rejected the decsion, and allowed only one book back into the library. No rationale was given.

Summary (cont) 4 high schoolers and 1 junior high student brought a law suit which claimed this censorship denied them their rights under the first ammendment. The students asked that the books be placed back in the library and that the board not be allowed to interfere with these books' use in school curricula. The District court sided with the board. An appeal at the US Second Circuit overturned the previous decision and sided with the students.

The Issue Does the First Amendment impose limitations upon the exercise by a local school board of its discretion to remove library books from high school and junior high school libraries?

The Ruling/Rationale The decision by the Second Circuit Court of Appeals was upheld, and the Supreme Court ruled in favor of the students. They believed the students' First Ammendment rights had indeed been infringed upon. 1.) School Boards have "broad discretion" in their managment of school business, but this managment can NOT run contrary to the First Ammendment.

Ruling/Rationale 2 2.) The books were not a mandatory part of regular classroom curriculum. Reading of each of these novels is strictly voluntary. 3.) The board is not allowed to choose materials for their schools in a "partisan" or political manner. 4.) The removal procedures taken by the board were "highly irregular."

Professional Impact Need to be aware of your audience and their parents/community. Always be able to defend the educational value of your choices, when assigning mandatory classroom material.