Max Rosenn

“ The evil to be avoided is the ideological indoctrination which would result from attempting to attain the laudable goal of instilling our youth with a set of moral values by barring their exposure to ideas inconsistent with those values. [6] Again, the age of the students will be significant. A decision to limit the exposure of young adolescents, who have less developed critical skills, to works such as Mein Kampf, which express an ideology that school administrators find abhorrent, should normally remain undisturbed. ”

“ High school students, in contrast, are at an age approaching both adulthood and franchise. As the Second Circuit has noted in a related context, "It would be foolhardy to shield our children from political debate and issues until the eve of their first venture into the voting booth. Schools must play an essential role in preparing their students to think and analyze and to recognize the demagogue." ”

“ The importance of public schools in the preparation of individuals for participation as citizens, and in the preservation of values on which our society rests, has long been recognized by our decisions.... ”

“ School authorities should have more latitude in limiting the performance by their students in a school forum of a play which the authorities find vulgar and inappropriate because of sharp sexual overtones. ”

“ The teacher has not challenged that action, and has not been in any way reprimanded for her decision. Thus neither the statutory and constitutional rights of teachers, acting at variance with the views of school administrators, to expose their students to certain views, nor a teacher's own constitutional right of free expression are before the court.↑ Public education ... "fulfills a most fundamental obligation of government to its constituency." ”

“ Great deference should be accorded when material is deemed unsuited for youths, for example, because of its overt sexual references or because it is otherwise deemed vulgar and unsuited for youngsters. ”

“ Although many of the decisions regarding first amendment guarantees in the schoolhouse are concerned with the rights of students and teachers to express their views, see, e.g., Tinker v. Des Moines Independent Community School District, supra; James v. Board of Education, 461 F.2d 566 (2d Cir.) , cert. denied, 409 U.S. 1042, 93 S.C.t. 529, 34 L. Ed. 2d 491 (1972) , there has also emerged a corresponding right of students to challenge on first amendment grounds actions of school officials which circumscribe the range of ideas to which [p219] students are exposed. ”

“ Strongsville City School District, 541 F.2d 577, 579 (6th Cir. 1976) (school board prohibited teacher and student discussion in class of books not approved by board) .↑ A school board's decision may be so blatantly aimed at curtailing a particular viewpoint that even a decision regarding the curriculum for young adolescents warrants judicial intervention. See Loewen v. Turnipseed, 488 F. Supp. 1138 (N.D.Miss.1980) ; note 4 supra.↑ Of course it may sometimes be difficult to ascertain whether school officials have acted to suppress "politically unpopular ideas," Pico v. ”