The following excerpt is from Pico v. Board of Ed., Island Trees Union Free School Dist. No. 26, 638 F.2d 404 (2nd Cir. 1980):
I dissent. The majority unjustifiably overrules our sound decision in the indistinguishable case of President's Council District 25 v. Community School Board No. 25, 457 F.2d 289 (2d Cir.), cert. denied, 409 U.S. 998, 93 S.Ct. 308, 34 L.Ed.2d 260 (1972), wherein we held that removal by school authorities from a school library of a book containing vulgarities and indecent matter on the ground that the book was educationally inappropriate for school children did not infringe any First Amendment rights.
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