Board of Ed. v Pico
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FIVE TEENS WIN THE RIGHT TO READ

In 1982, the Supreme Court heard a case known as the Board of Education, Island Trees School District v. Pico.  In it, seventeen-year-old Steven Pico and four other teens, 14 to 16, challenged the school board's decision to pull eleven titles from library shelves in 1976, based on a complaint by conservative community group, Parents of New York United.

This group maintained that The Fixer, by Bernard Malamud; Slaughterhouse Five, by Kurt Vonnegut Jr.; The Naked Ape, by Desmond Morris; Down These Mean Streets, by Piri Thomas; Best Short Stories of Negro Writers, edited by Langston Hughes; Go Ask Alice, authorship anonymous; Laughing Boy, by Oliver LaFarge; Black Boy, by Richard Wright; A Hero Ain’t Nothin’ But a Sandwich, by Alice Childress; Soul on Ice, by Eldridge Cleaver; and A Reader for Writers, edited by Jerome Archer were objectionable --  many based on the review of excerpts only.

After a school board review committee agreed the books were irrelevant, vulgar, immoral, in bad taste and educationally unsuitable, the books were pulled from library shelves. When the local press reported the book banning, the board defended its actions, calling the books "anti-American, anti-Christian, anti-Semitic and just plain filthy.”

Senior Steven Pico and his peers filed a lawsuit challenging the board's ruling that went all the way to the United States Supreme Court and won. According to legal expert Claire Mullally, "The Court recognized that the First Amendment rights of students are 'directly and sharply implicated' when a book is removed from a school library. Therefore, the discretion of school boards to remove books from school libraries is limited. The law requires that if a book is to be removed, an inquiry must be made as to the motivation and intention of the party calling for its removal. If the party’s intention is to deny students access to ideas with which the party disagrees, it is a violation of the First Amendment."

To learn more about this case, review legal expert Claire Mullally's excellent article on the First Amendment Center's website HERE.

To read the case file, Board of Education v. Pico, or to listen to the oral arguments, click HERE.

 
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More about Steven Pico and this case...

Lesson Plan based on Steven Pico Case
http://www.firstamendmentschools.org/resources/handout1a.aspx?id=13965

Results of the appeal -- ruling upheld
http://www.faculty.piercelaw.edu/redfield/library/case-islandtrees.htm

Related 1998 Virginia court ruling on the Internet
http://www.loudoun.net/mainstream/Library/Internetdecision.htm

ACLU Montana Brief
http://www.aclumontana.org/PubEd/CD/50Cases/Pico.htm

Reach and Teach Brief
http://www.reachandteach.com/content/article.php?story=20040630134830222

Nevada Library Association
Intellectual Freedom Handbook
http://www.nevadalibraries.org/publications/freedom/ch3-26.html

Supreme Court Cases Lesson Plan
Pearson Prentice Hall
http://www.phschool.com/atschool/supreme_court_cases/island_trees.html

SpeechCodes Resources
http://www.speechcodes.org/resources.php

RELATED BOOKS

Board of Education Vs. Pico
(Supreme Court Decisions)
by John Coopersmith Gold
21st Century, 1997
ISBN: 0805036601
 
Not in Front of the Children:
"Indecency," Censorship and the Innocence of Youth
by Marjorie Heins
Hill & Wang, 2002
ISBN: 0809073994
 

To learn more about student rights...

Do students have the right to read?  Lesson Plan
http://www.firstamendmentschools.org/resources/lesson.aspx?id=13963&printer-friendly=y

Newsweek in Education
Do Students Have the Right to Read?
http://school.newsweek.com/extras/first1.php

FACT: First Amendment Cyber Tribunal
Supreme Court Cases that Define Student Rights
http://fact.trib.com/1st.studentrights.html

To what extent are students free?
University of Maryland
http://www.bsos.umd.edu/gvpt/gvpt339/free.html

FIRE Guide to Free Speech on Campus
Foundation for Individual Rights in Education
http://www.thefire.org/index.php/article/5090.html

SpeechCodes.org
http://www.speechcodes.org/about.php


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