McCarthy v. Fletcher

Opinion

FRANSON, P. J.

We review a summary judgment rejecting a First Amendment challenge to the actions of the administrators and trustees of the Wasco Union High School District in excluding two books from the school curriculum. In granting the judgment, the trial court ruled that the subjective intent of the trustees in removing the books was irrelevant because the trustees were acting in a legislative capacity, and as legislators the trustees’ intent was not subject to judicial inquiry.

For the reasons to be explained, we hold the school board was not acting in a legislative capacity because…