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· 9/28/2023

Matter of Shelton v. New York State Dept. of Corr. & Community Supervision

Citations

  • 219 A.D.3d 1654
  • 195 N.Y.S.3d 572
  • 2023 NY Slip Op 04806

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that school board may not remove books from library shelves merely because it disapproves of ideas they express
  • holding that while school boards \rightly possess significant discretion to determine the content of their school libraries ... that discretion may not be exercised in a narrowly partisan or political manner\
  • holding that while school boards “rightly possess significant discretion to determine the content of them school libraries ... that discretion may not be exercised in a narrowly partisan or political manner”
  • holding that the First Amendment prohibits the government from removing books from the shelves of a school library based on the ideas contained in those books
  • holding that “[l]ocal school boards may not remove books from school libraries simply because they dislike the ideas contained in those books”
  • finding that ignoring the advice of literary experts, librarians, teachers, and the Superintendent, may support suspicions that a school board's motivations were unconstitutional

Source: CourtListener parenthetical corpus (CC0).

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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.