Summary

Portrait of William Rehnquist William Rehnquist Board of Education v. Pico — Dissenting Opinion

Unlike university or public libraries, elementary and secondary school libraries are not designed for freewheeling inquiry; they are tailored, as the public school curriculum is tailored, to the teaching of basic skills and ideas. Thus, JUSTICE BRENNAN cannot rely upon the nature of school libraries to escape the fact that the First Amendment right to receive information simply has no application to the one public institution which, by its very nature, is a place for the selective conveyance of ideas.
Source: Wikisource

Portrait of William Rehnquist William Rehnquist Board of Education v. Pico — Dissenting Opinion

I think the Court will far better serve the cause of First Amendment jurisprudence by candidly recognizing that the role of government as sovereign is subject to more stringent limitations than is the role of government as employer, property owner, or educator. It must also be recognized that the government as educator is subject to fewer strictures when operating an elementary and secondary school system than when operating an institution of higher learning.
Source: Wikisource

Portrait of William Rehnquist William Rehnquist Board of Education v. Pico — Dissenting Opinion

In the very course of administering the many-faceted operations of a school district, the mere decision to purchase some books will necessarily preclude the possibility of purchasing others. The decision to teach a particular subject may preclude the possibility of teaching another subject. A decision to replace a teacher because of ineffectiveness may, by implication, be seen as a disparagement of the subject matter taught.
Source: Wikisource

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