School Rights Vs. Porn in School Libraries

As insane as this sounds, there is legal uncertainty regarding the legal right of school authorities to remove offensive books from school libraries. That uncertainty is being challenged by the ACLJ based on a Supreme Court decision from 1986.

ACLJ - American Center for Law & Justice

ACLJ appeal to New York school board:

ACLJ Sends Letter Urging School Board To Protect Children From Pornographic and Sexually Deviant Material

1986 Supreme Court decision referenced in this ACLJ letter:

Bethel School District v. Fraser, 478 U.S. 675 (1986)

In this decision the Supreme Court says:

And in addressing the question whether the First Amendment places any limit on the authority of public schools to remove books from a public school library, all Members of the Court, otherwise sharply divided, acknowledged that the school board has the authority to remove books that are vulgar. Board of Education v. Pico, 457 U. S. 853, 457 U. S. 871-872 (1982) (plurality opinion); id. at 457 U. S. 879-881 (BLACKMUN, J., concurring in part and in judgment); id. at 457 U. S. 918-920 (REHNQUIST, J., dissenting). These cases recognize the obvious concern on the part of parents, and school authorities acting in loco parentis, to protect children especially in a captive audience -- from exposure to sexually explicit, indecent, or lewd speech.