Summary

Portrait of Harry Blackmun Harry Blackmun Board of Education v. Pico — Concurring Opinion

As a practical matter, however, it is difficult to see the First Amendment right that I believe is at work here playing a role in a school's choice of curriculum. The school's finite resources — as well as the limited number of hours in the day — require that education officials make sensitive choices between subjects to be offered and competing areas of academic emphasis; subjects generally are excluded simply because school officials have chosen to devote their resources to one, rather than to another, subject.
Source: Wikisource

Portrait of Harry Blackmun Harry Blackmun Board of Education v. Pico — Concurring Opinion

On the other hand, as the plurality demonstrates, it is beyond dispute that schools and school boards must operate within the confines of the First Amendment. In a variety of academic settings, the Court therefore has acknowledged the force of the principle that schools, like other enterprises operated by the State, may not be run in such a manner as to "prescribe what shall be orthodox in politics, nationalism, religion, or other matters of opinion."
Source: Wikisource

Portrait of Harry Blackmun Harry Blackmun Board of Education v. Pico — Concurring Opinion

II In my view, we strike a proper balance here by holding that school officials may not remove books for the purpose of restricting access to the political ideas or social perspectives discussed in them, when that action is motivated simply by [p880] the officials' disapproval of the ideas involved. It does not seem radical to suggest that state action calculated to suppress novel ideas or concepts is fundamentally antithetical to the values of the First Amendment.
Source: Wikisource

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