Board of Education v. Pico

E425628

Board of Education v. Pico is a 1982 U.S. Supreme Court case in which a divided Court held that public school boards may not remove books from school libraries simply because they dislike the ideas contained in them, recognizing students’ limited First Amendment right to receive information.

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Label Occurrences
Board of Education v. Pico canonical 2

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Statements (49)

Predicate Object
instanceOf First Amendment case
United States Supreme Court case
education law case
appliesTo public school libraries in the United States
areaOfLaw civil rights law
constitutional law
education law
arguedDate 1981-11-03
citation 457 U.S. 853
concurringInJudgmentBy Byron R. White NERFINISHED
constitutionalProvisionInterpreted First Amendment to the United States Constitution NERFINISHED
court Supreme Court of the United States
decisionDate 1982-06-25
dissentingOpinionBy Lewis F. Powell Jr. NERFINISHED
Sandra Day O'Connor NERFINISHED
Warren E. Burger NERFINISHED
William H. Rehnquist NERFINISHED
docketNumber 80-2043
fullName Board of Education, Island Trees Union Free School District No. 26 v. Pico NERFINISHED
holding A local school board may not remove books from a school library simply because it dislikes the ideas contained in those books.
Students have a limited First Amendment right to receive information and ideas in a school library.
impact limited the discretion of school boards to remove books from school libraries for ideological reasons
recognized the school library as a place of voluntary inquiry for students
joinedByInPlurality Harry A. Blackmun NERFINISHED
John Paul Stevens NERFINISHED
Thurgood Marshall NERFINISHED
jurisdiction federal question jurisdiction
legalIssue First Amendment freedom of speech
authority of public school boards over school libraries
right to receive information
locationOfIncident Island Trees Union Free School District No. 26, New York NERFINISHED
majorityOpinionBy William J. Brennan Jr. NERFINISHED
originatingCaseType civil rights action under 42 U.S.C. § 1983
page 853
permittedGroundsForRemoval educational unsuitability
pervasively vulgar content
petitioner Board of Education, Island Trees Union Free School District No. 26 NERFINISHED
pluralityOpinionBy William J. Brennan Jr. NERFINISHED
proceduralPosture appeal from the United States Court of Appeals for the Second Circuit
rearguedDate 1982-03-02
recognizedRight students' limited First Amendment right to receive information
reporter United States Reports
respondent Steven Pico NERFINISHED
standardArticulated school boards may not remove books from libraries in a narrowly partisan or political manner
school boards may not remove books simply because they dislike the ideas contained in them
subjectMatter removal of books from public school libraries
subsequentCitationFrequency frequently cited in cases involving school library book removals
volume 457
votePlurality 4-4-1

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Referenced by (2)

Full triples — surface form annotated when it differs from this entity's canonical label.

Warren Burger Court notableCase Board of Education v. Pico