Friday June 23, 2006
In any prospective legal challenge, the basis for the removal will be highly scrutinized to ascertain to what extent the Board made a comprehensive review and analysis of the appropriateness of this book being part of an elementary school library’s collection. The Board’s findings—as indicated by the record of the proceedings—will also be reviewed by any party challenging the Board’s decision to determine if those findings are constitutionally valid. Therefore it is exceedingly important that the Board identify with specificity the legal grounds for any Board decision, particularly any decision that deviates from the DMRC’s recommendations. Moreover, it is our opinion that even a well reasoned decision by the Board that deviates from DMRC’s recommendations will expose the Board to liability.
That’s from a memo submitted by the Miami School Board’s Attorney, re Vamos a Cuba. “Identify with specificity the legal grounds for any Board decision?” How about “There’s a passion of hate. I can’t vote my conscience without feeling threatened.” What a bunch of knuckleheads. Here’s the whole memo in stark PDF beauty. (via SotP)
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