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Board of Education, Island Trees Union Free School District No. 26 v. Pico | 457 U.S. 853, 102 S.Ct. 2799, 73 L.Ed.2d 435 (1982)

Local school boards have broad, but not unlimited, discretion to run the public schools in their communities. In Board of Education versus Pico, students challenged a board’s decision to remove books from school libraries on First Amendment grounds.

While attending a conference, three members of the Board of Education of Island Trees Union Free School District Number Twenty-Six received a list of objectionable books from the conference sponsor. After the board determined that school-district libraries contained several of the named books, the board obtained them for review. When word got out, the board issued a press release calling the books anti-American, antireligion, and, quote, “just plain filthy,” unquote.

The district, ignoring its book-review policy, created a special committee to review the books and make recommendations. The committee recommended that five books be returned to the shelves, two others be removed, and one be made available subject to parental approval. The board rejected the committee’s report and, without explanation, approved one book without restrictions, required parental permission for another, and permanently removed the rest.

Five students, including Steven Pico, sued the board, asserting violations of their First Amendment rights. The students sought a declaration that the board’s actions were unconstitutional and an injunction ordering the books’ return. The district court granted the board’s motion for summary judgment. The Second Circuit reversed and remanded for trial. The United States Supreme Court granted cert.

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