Sunday, October 18, 2009

It's a Question of Motivation

Our Constitution does not permit the official suppression of ideas. Thus whether petitioners' removal of books from their school libraries denied respondents their First Amendment rights depends upon the motivation behind petitioners' actions. If petitioners intended by their removal decision to deny respondents access to ideas with which petitioners disagreed, and if this intent was the decisive factor in petitioners' decision, then petitioners have exercised their discretion in violation of the Constitution.
--U.S. Supreme Court in Board of Education v. Pico, 457 U.S. 853 (1982). The term petitioners here refers to the school board, and respondents to the students and parents suing the school board for removing books from the school library. If we replace petitioner with the board and respondents with students we get:
Our Constitution does not permit the official suppression of ideas. Thus whether the board's removal of books from their school libraries denied students their First Amendment rights depends upon the motivation behind the board's actions. If the board intended by their removal decision to deny students access to ideas with which the board disagreed, and if this intent was the decisive factor in the board's decision, then the board have exercised their discretion in violation of the Constitution.

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