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The information on this site does not constitute legal advice and is for educational purposes only. If you have a dispute or legal problem, please consult an attorney licensed to practice law in your state. Additionally, the information and views presented on this blog are solely the responsibility of Justin Bathon personally, or the other contributors, personally, and do not represent the views of the University of Kentucky or the institutional employer of any of the contributing editors.

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Monday
Nov162009

Vamos a Cuba Case Denied Cert. 

Good, I think. It was too political and would have made for bad precedent. Plus, it is just not that complex of a case. A school board has the right to prohibit a book as long as they follow procedures and do not discriminate. In this case, the factual accuracy of the book was questioned and (rightly or wrongly) the school board decided to follow their procedures to prohibit it from their school. Unless you can prove discrimination ... that's that. There is no First Amendment issue.

If you disagree with this denial of cert. by the Supreme Court or the current structure of the legal argument, don't get mad at the court - focus your attention on state legislatures that give school boards such broad authority to ban books.

Mark Walsh has more as always.

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